Stivers v. Peppers et al

Filing 75

ORDER directing the Plaintiff to file on or before 4/27/2015, a Response to 71 MOTION for Summary Judgment filed by Ron Chism, Wendy Kelly, Roger Cameron and a separate Statement of Disputed Facts that comply with the instructions set forth in this Order. Signed by Magistrate Judge J. Thomas Ray on 03/30/2015. (kcs)

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

DENNIS STIVERS
V.

PLAINTIFF
5:14CV00034 DPM/JTR

DR. SONJA PEPPERS, Tucker Unit,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
Defendants Kelley, Cameron, and Chism (“ADC Defendants" ) have filed a
Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed
Facts. Docs. 71, 72, & 73. 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 the ADC Defendants’ Statement of
Undisputed Facts (Doc. 72 ); 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).
III. Conclusion
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff must file, on or before April 27, 2015, a Response to the ADC

Defendants’ 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 the ADC 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.
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this Order will result in: (a) all of the facts in ADC Defendants’ 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 30th day of March, 2015.

UNITED STATES MAGISTRATE JUDGE

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