Stiff v. Evans et al
ORDER directing the Plaintiff to file within 30 days, a Response to 19 and 21 that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions in this order. Plaintiff is also advised to review the possible consequences that could occur, if the instructions in this order are not complied with fully. Signed by Magistrate Judge J. Thomas Ray on 06/13/2014. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
L. EVANS, Jailer,
Dermott City Jail, et al.
Defendants have filed a Motion for Summary Judgment on the issue of
exhaustion, and a Statement of Undisputed Facts.1 Docs. 19 and 21. Plaintiff must
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,2 prison
records, or other evidence establishing that there is a genuine issue of material fact
that must be resolved at a hearing or trial.
Defendants’ Motion is styled as a “Motion to Dismiss.” Doc. 19. On May 23, 2014, the Court entered an Order
converting the Motion to Dismiss to a Motion for Summary Judgment. Doc. 20.
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
Statements of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in the Defendants’ Statement of Undisputed
Facts (Doc. 21); and (b) any other disputed facts that he believes must be resolved at
a hearing or trial.3
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:
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 comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
instructions in this Order.
Plaintiff is advised that the failure to timely and properly comply with
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.
this Order will result in: (a) all of the facts in 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 13th day of June, 2014.
UNITED STATES MAGISTRATE JUDGE
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