Earls v. Stringfellow et al

Filing 37

ORDER allowing Plaintiff until and including 2/19/2018, to file a Response to 34 Defendant's Motion for Summary Judgment and a separate Statement of Disputed Facts. Signed by Magistrate Judge J. Thomas Ray on 1/26/2018. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JACOB THOMAS EARLS,
ADC# 114556
V.

PLAINTIFF
5:17-CV-00091 DPM/JTR

STEVEN STRINGFELLOW, et al

DEFENDANTS
ORDER

Defendant Steven Stringfellow has filed a Motion for Summary Judgment, a
Brief in Support, and a Statement of Undisputed Facts. Docs. 34, 35, & 36. Plaintiff
has the right to file a Response 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 should 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’s Response must be
accompanied by a separate document captioned “Statement of Disputed Facts”,
which specifically identifies: (a) any disagreement he has with the numbered

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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.
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factual
assertions in Defendants= Statement of Undisputed Facts2 (Doc. 36); and (b) any
other disputed facts that he believes must be resolved at a hearing or trial.
Finally, if Plaintiff 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 has until and including February 19, 2018, to file a Response to

Defendant’s Motion for Summary Judgment and a separate Statement of Disputed
Facts that comply with 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 file a

Response and Statement of Disputed Facts will result in: (a) all of the facts in
Defendants= Statement of Undisputed Facts being deemed admitted by Plaintiff,

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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.
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pursuant to Local Rule 56.1(c); and (b) the possible dismissal of this action,
without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 26th day of January, 2018.

_________________________________________

UNITED STATES MAGISTRATE JUDGE

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