BUTLER v. JOHNSON et al

Filing 62

ENTRY denying 47 Motion for Summary Judgment. Signed by Judge Tanya Walton Pratt on 11/20/2012. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
STACY L. BUTLER,

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Plaintiff,
vs.
LT. B. JOHNSON, C.O. B. MOSS,
C.O. PRITTCARD, L.T. HOWARD,
and C.O. M. DIEODORFF,
Defendants.

No. 1:10-cv-1127-TWP-DML

ENTRY
“[A] party seeking summary judgment always bears the initial responsibility
of informing the district court of the basis for its motion, and identifying those
portions of ‘the pleadings, depositions, answers to interrogatories, and admissions
on file, together with the affidavits, if any,’ which it believes demonstrate the
absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317,
323 (1986). A party asserting that a fact is undisputed must support the asserted
fact by citing to particular parts of the record, including depositions, documents, or
affidavits. Fed. R. Civ. Pro. 56(c)(1)(A).
The plaintiff’s motion for summary judgment [Dkt. 47] is denied because the
plaintiff has failed to establish either that there are undisputed issues of material
fact or that he is entitled to judgment as a matter of law as to his assertion of
liability on the part of the defendants.
IT IS SO ORDERED.
11/20/2012
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Stacy L. Butler
05373-017
Lewisburg - USP
P.O. Box 1000
Lewisburg, PA 17837
Electronically Registered Counsel