Gardner v. Davis-Peppers et al

Filing 47

ORDER directing the Plaintiff to file, within 30 days, a Response to 43 MOTION for Summary Judgment filed by Sonya Davis-Peppers, Marvin Lamar Hughey and a separate Statement of Disputed Facts that complies with the instructions set forth in this Order. Signed by Magistrate Judge J. Thomas Ray on 02/03/2015. (kcs)

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

WALLACE A. GARDNER,
ADC #110784
V.

PLAINTIFF
5:13CV00353 BSM/JTR

SONYA DAVIS-PEPPERS,
Doctor, Maximum Security Unit, ADC, et al.

DEFENDANTS

ORDER
Defendants have filed a Motion for Summary Judgment, a Brief in Support, and
a Statement of Undisputed Facts. Docs. 43, 44, & 45. Plaintiff must respond to 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 Statement of Disputed Facts, which lists: (a) any disagreement he has with the
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.

specifically numbered factual assertions in Defendants’ Statements of Undisputed
Facts (Docs. 45); 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 on documents that have
been previously filed in the record, 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 must file, within thirty days of the entry of this Order, a

Response to Defendants’ Motion for Summary Judgment and a separate Statement of
Disputed Facts that complies with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
instructions 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 in Defendants’ summary judgment papers

2

If Plaintiff disputes any of the facts in Defendants’ 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.
-2-

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 January, 2015.

UNITED STATES MAGISTRATE JUDGE

-3-