Jones v. Golden et al

Filing 53

ORDER notifying pltf of his opportunity to file a response and statement of facts opposing defts' 50 MOTION for Summary Judgment within 14 days of the date of this Order. Signed by Magistrate Judge Beth Deere on 11/29/10. (vjt)

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Jones v. Golden et al Doc. 53 IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION L A R R Y WAYNE JONES, ADC #70147 V. D A R R Y L GOLDEN, et al. ORDER O n November 18, 2010, Defendants filed a motion for summary judgment. (Docket entry #50) Plaintiff is hereby notified of his opportunity to file a response o p p o sin g Defendants' motion for summary judgment within fourteen (14) days of the date o f this Order.1 P la in tif f 's response to the Defendants' motion may include opposing or countera f f id a v its , executed by Plaintiff or other persons, which have either been sworn to under o a th , i.e., notarized, or declared to under penalty of perjury in accordance with 28 U.S.C. 1746. Any affidavits submitted by Plaintiff must be based upon the personal knowledge No. 5:10CV00068 JMM-BD DEFENDANTS PLAINTIFF P la in tif f is reminded of his responsibility to comply with Local Rule 5.5(c)(2) of th e Rules of the United States District Court for the Eastern District of Arkansas, which p ro v id e s : "It is the duty of any party not represented by counsel to promptly notify the C le rk and the other parties to the proceedings of any change in his or her address, to m o n ito r the progress of the case, and to prosecute or defend the action diligently. A party a p p e a rin g for himself/herself shall sign his/her pleadings and state his/her address, zip c o d e , and telephone number. If any communication from the Court to a pro se plaintiff is n o t responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal R u le s of Civil Procedure." 1 of the person executing the affidavit. No affidavit or other document containing P la in tif f 's allegations will be considered when determining the motion for summary ju d g m e n t unless it has been sworn to under oath or declared under penalty of perjury. U n d e r Local Rule 56.1 of the Rules of the United States District Court for the E a ste rn District of Arkansas, Plaintiff is also required to file a separate, short and concise s ta te m e n t setting forth the facts which he thinks need to be decided at a trial. IT IS SO ORDERED this 29th day of November, 2010. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE 2

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