Mordi v. Zeigler et al

Filing 63

NOTICE AND ORDER Directing plaintiff to file a reply to 61 MOTION for Summary Judgment. Responses due by 4/18/2013. Signed by Magistrate Judge Stephen C. Williams on 3/18/13. (amv)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UCHE PHILIP MORDI,
Plaintiff,
v.
TODD ZEIGLER, et al.,
Defendants.

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Civil No. 11-193-MJR-SCW

NOTICE and ORDER
WILLIAMS, Magistrate Judge:
Defendant has filed a Motion for Summary Judgment, along with a memorandum of law
in support. (Docs. 61 and 62).
Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982) requires that, when a defendant has
filed a motion for summary judgment supported by affidavit, “a prisoner who is a plaintiff in a
civil case and is not represented by counsel is entitled to receive notice of the consequences of
failing to respond with affidavits to a motion for summary judgment.” Lewis, at 102.
The Court reminds defense counsel that the Court of Appeals for the Seventh
Circuit expects that the required notice will be filed along with the motion, thereby
relieving the Court of the necessity of preparing the notice. Lewis v. Faulkner, 689 F.2d
102-103.
Plaintiff is hereby notified that Fed.R.Civ.P. 56(e) states:
When a motion for summary judgment is made and supported as provided in this rule, an
adverse party may not rest upon the mere allegations or denials of the adverse party’s
pleading, but the adverse party’s response, by affidavits or as otherwise provided in this
rule, must set forth specific facts showing that there is a genuine issue for trial. If the
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adverse party does not so respond, summary judgment, if appropriate, shall be entered
against the adverse party.
Plaintiff is further notified that any factual assertion in the movant's affidavits will be
accepted by the Court as being true unless the plaintiff submits his own affidavits or other
documentary evidence contradicting the assertion.

See Fed. R. Civ. P. 56(e)(2)

Plaintiff is granted additional time, up to and including April 18, 2013, in which
to file his response to the Motion for Summary Judgment.
IT IS SO ORDERED.
DATED: March 18, 2013
s/ Stephen C. Williams
STEPHEN C. WILLIAMS
U. S. MAGISTRATE JUDGE

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