Lamar v. Hubbard et al

Filing 77

ORDER allowing Mr. Lamar to file a response opposing the motion for summary judgment filed by Defendant Hubbard. To be considered, the response must be filed within fourteen days of this Order. If Mr. Lamar files a response, he must also file a separate, short statement setting forth the disputed facts that he believes must be decided at a trial. Signed by Magistrate Judge Beth Deere on 9/18/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANTHONY DESHAWN LAMAR
ADC #120479
V.

PLAINTIFF

NO. 5:14-CV-00345 JM-BD

CONNIE HUBBARD

DEFENDANT
ORDER

Defendant Hubbard has moved for summary judgment on all claims. (Docket
entry #74) Mr. Lamar now has an opportunity to file a response opposing the motion. To
be considered, the response must be filed within fourteen (14) days of this Order.
In opposing the motion for summary judgment, Mr. Lamar may attach affidavits
that he or others have signed. Because affidavits are sworn statements, they must be
either notarized or declared under penalty of perjury (see 28 U.S.C. § 1746). Unsworn
statements will not be considered in deciding the motion for summary judgment. And to
be considered, an affidavit must be based on the personal knowledge of the person who
signs it.
If Mr. Lamar files a response, he must also file a separate, short statement setting
forth the disputed facts that he believes must be decided at a trial. See Local Rule 56.1,
Rules of the United States District Court for the Eastern District of Arkansas. While Mr.
Lamar is not required to file a response to the Defendant’s motion for summary judgment,
if he does not respond, the Court can assume that the facts set out in the Defendant’s
Statement of Facts (#75) are true.

IT IS SO ORDERED, this 18th day of September, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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