Anderson v. Hubbard et al

Filing 92

ORDER directing the Plaintiff to file a response and a separate Statement of Disputed Facts to 89 Defendant's Second MOTION for Summary Judgment filed by Connie Hubbard within 30 days. Plaintiff is advised that failure to timely and properl y comply with this Order will result in: (a) all of the facts set forth in Defendant's summary judgment papers being deemed admitted by Plaintiff; or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 06/01/2012. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

THEODORE A. ANDERSON,
ADC #138956
V.

PLAINTIFF

5:11CV00100 SWW/JTR

CONNIE HUBBARD, LPN,
Correctional Medical Services, Inc.

DEFENDANT

ORDER
Defendant has filed a Second Motion for Summary Judgment, a Brief in
Support, and a Statement of Undisputed Facts. See docket entries #89, #90, and #91.
The Court concludes that a Response from Plaintiff is necessary.
At the summary judgment stage, a plaintiff cannot rest upon mere allegations
and, instead, must meet proof with proof. See Fed. R. Civ. P. 56(e). This means that
Plaintiff’s Response must include his legal arguments, as well as affidavits,1 prison
records, or other evidence establishing that there is a genuine issue of material fact
that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Material Facts, which lists: (a) any disagreement he has with
1

The affidavit must be based upon the personal knowledge of the person
executing the affidavit and must be either: (1) sworn and subscribed to by a notary
public; or (2) executed under penalty of perjury, as provided for by 28 U.S.C. § 1746.

the specifically numbered factual assertions contained in Defendant’s Statement of
Undisputed Facts (docket entry #90); and (b) any other disputed facts that he believes
must be resolved at a hearing or trial.2
Finally, Plaintiff is advised that if he intends to rely upon grievances or records
that have been previously filed with the Court, he must specifically refer to those
documents by docket number, page, date, and heading. The Court will not sift
through the file to find support for Plaintiff’s factual contentions. See Crossley v.
Georgia-Pacific, Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant
of summary judgment because a plaintiff failed to properly refer to specific pages of
the record that supported his position).
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff shall file, within thirty days of the entry of the Order, a

Response to Defendant’s Second Motion for Summary Judgment and a separate
Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1,
and the instructions set forth in this Order.
2.

Plaintiff is advised that the failure to timely and properly comply with

this Order will result in: (a) all of the facts set forth in Defendant’s summary judgment

2

If Plaintiff disputes any of the facts set forth in Defendant’s Statement of
Undisputed Facts, he must identify each numbered paragraph that contains the facts
he disputes and, for each paragraph, explain why he disputes those facts.
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papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the
dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 1st day of June, 2012.

UNITED STATES MAGISTRATE JUDGE

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