Johnson v. Adams

Filing 39

ORDER directing the Plaintiff to file within 30 days a Response to 36 MOTION for Summary Judgment filed by Ed Adams 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. Plaintiff is advised that failure to timely and properly comply will result in: (a) all of the facts 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 12/03/2012. (kcs)

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

DWAYNE E. JOHNSON,
ADC #152640
V.

PLAINTIFF
5:12CV00131 DPM/JTR

ED ADAMS, Captain,
Brassell Detention Center

DEFENDANT

ORDER
On November 29, 2012, Defendant has filed a Motion for Summary Judgment,
a Brief in Support, and a Statement of Undisputed Facts. See docket entries #36, #37,
and #38. 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.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
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.

Statement of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in Defendant’s Statement of Undisputed Facts
(docket entry #38); 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. GeorgiaPacific, 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 must 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.
2.

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

2

If Plaintiff disputes any of the facts 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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this Order will result in: (a) all of the facts 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 3rd day of December, 2012.
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UNITED STATES MAGISTRATE JUDGE

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