Conway v. Hobbs et al
ORDER Plaintiff is directed to file within 30 days a Response to 30 Defendant's MOTION for Summary Judgment filed by Wendy Kelley. Plaintiff is advised that failure to timely and properly comply with this Order will result in: (a) all of the f acts set forth in Defendant's summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(a); or (b) the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 04/16/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BYRON L. CONWAY,
Deputy Director of Health,
Arkansas Department of Correction
Defendant Wendy Kelley has filed a Motion for Summary Judgment, a Brief
in Support, and a Statement of Undisputed Facts. See docket entries #30, #31, and
#32. The Court concludes that a Response from Plaintiff would be helpful to the
resolution of that Motion.
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.
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.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions contained in Defendant’s Statement of
Undisputed Facts (docket entry #32); 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:
Plaintiff shall file, within thirty days of the entry of the Order, a
Response to Defendant’s 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.
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.
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
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 16th day of April, 2012.
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?