Collins v. Watson et al
Filing
24
ORDER directing the Plaintiff to file, on or before 2/27/2015, a Response to 21 MOTION for Summary Judgment on Exhaustion filed by Roy Starks, Daniel Potter, Lon Watson, James Thomas 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. Signed by Magistrate Judge J. Thomas Ray on 01/28/2015. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STACIE COLLINS,
ADC #712348
V.
PLAINTIFF
5:14CV00344 DPM/JTR
LON WATSON, Corporal,
Tucker Unit Boot Camp, ADC, et al.
DEFENDANTS
ORDER
Defendants have filed a Motion for Summary Judgment, a Brief in Support, and
a Statement of Undisputed Facts. Doc. 21. 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 her 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 she has with the
specifically numbered factual assertions in Defendants’ Statement of Undisputed Facts
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.
(Doc. 23); and (b) any other disputed facts that she believes must be resolved at a
hearing or trial.2
Finally, Plaintiff is advised that if she intends to rely on documents that have
been previously filed in the record, she 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, on or before February 27, 2015, 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
set forth 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
being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the
2
If Plaintiff disputes any of the facts in Defendants’ Statement of Undisputed Facts, she must
identify each numbered paragraph that contains the facts she disputes and, for each paragraph,
explain why she disputes those facts.
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dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 28th day of January, 2015.
UNITED STATES MAGISTRATE JUDGE
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