Warren v. City of Sunrise Police Department et al

Filing 62

REPORT AND RECOMMENDATIONS re 59 MOTION for Summary Judgment filed by Richard L Warren. Recommending denying without prejudice. Objections to R&R due by 9/3/2009. Signed by Magistrate Judge Patrick A. White on 8/13/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-61721-CIV-ZLOCH MAGISTRATE JUDGE P.A. WHITE RICHARD L. WARREN, Plaintiff, v. CITY OF SUNRISE POLICE DEPARTMENT, ET AL., Defendants. ____________________________ : : : : : REPORT OF MAGISTRATE JUDGE

This Cause is before the Court upon the plaintiff Richard L. Warren's Motion for Summary Judgment. [DE# 59]. The Motion fails to comply with the Local Rules. 7.5 provides the following: MOTIONS FOR SUMMARY JUDGMENT A. Motions for Summary Judgment. Motions for summary judgment shall be accompanied by a memorandum of law, necessary affidavits, and a concise statement of the material facts as to which the movant contends there exists no genuine issue to be tried. . . . C. Statement of Material Facts. The statement of material facts submitted either in support of or in opposition to a motion for summary judgment shall: 1. Not exceed ten pages in length; 2. Be supported by specific references to pleadings, depositions, answers to interrogatories, admissions, and affidavits on file with the Court; and 3. Consist of separately numbered paragraphs. Local Rule

The

plaintiff's

Motion

for

Summary

Judgment

contains

no

memorandum of law, no affidavits or other evidence, and no concise statement of the material facts as to which he contends there exists no genuine issue to be tried. a matter of law. Accordingly, it is recommended that the plaintiff's Motion for Summary Judgment [DE# 59] be denied without prejudice. Objections to this report may be filed with the District Judge within ten days of receipt of a copy of the report. It is so recommended at Miami, Florida, this 13th day of August, 2009. The Motion simply does not demonstrate undisputed facts entitling the plaintiff to judgment as

______________________________ UNITED STATES MAGISTRATE JUDGE cc: Richard L. Warren, Pro Se DC No. 601912 Hendry Correctional Institution 12551 Wainwright Drive Immokalee, FL 34142-4797 Counsel of Record

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