Muhammad v. Hobbs et al

Filing 43

ORDER that pltf shall file a response to defts' 37 MOTION for Summary Judgment as directed within 30 days. Signed by Judge J. Leon Holmes on 8/3/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TAKBIR ALLAHU AKBAR MUHAMMAD
v.

PLAINTIFF

NO. 5:10CV00343 JLH-BD

RAY HOBBS, et al.

DEFENDANTS
ORDER

On June 15, 2012, the defendants filed a motion for summary judgment. On June 18, 2012, Magistrate
Judge Beth Deere entered an order notifying Muhammad of his opportunity to file a response to the motion
within fourteen (14) days and directing him, if he opposed the motion, to file an affidavit as well as a short
statement setting forth the disputed facts that he believes must be decided at trial as required by Local Rule
56.1. Muhammad did not respond. Nevertheless, Judge Deere recommended that the Court deny the motion
for summary judgment because the defendants failed to present evidence sufficient to meet their initial burden
under Rule 56. The defendants have filed an objection and have, with their objection, supplemented the record.
The Court again directs Muhammad to file a response to the motion for summary judgment, including
an affidavit and a short statement of the disputed facts that he believes must be decided at trial, as well as a
response to the objections to the partial recommended disposition. Muhammad’s response must be filed within
thirty (30) days from the entry of this order. Pursuant to Local Rule 5.5(c)(2), if Muhammad does not respond
within thirty (30) days, this action will be dismissed without prejudice for failure to prosecute.
The Clerk is directed to send a copy of this order to Muhammad at the most recent address that he has
provided.
IT IS SO ORDERED this 3rd day of August, 2012.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE