Wymore v. Nail et al

Filing 54

WITHDRAWN ORDER denying 39 Motion for Summary Judgment; denying 47 Motion for Summary Judgment; and declining to adopt 53 Report and Recommendations. Defendants may reurge their motion for summary judgment by 2/4/2017 if it is substantially similar to the motion now denied by the Court. Signed by Judge Elizabeth E Foote on 1/4/2017. (crt,Keifer, K) Modified on 1/5/2017 to indicate order withdrawn per 55 (Keifer, K).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
____________________________________________________________
ROBERT L. WYMORE

CIVIL ACTION NO. 14-3493

VERSUS

JUDGE ELIZABETH FOOTE

LONNIE NAIL, ET AL
MAGISTRATE JUDGE HAYES
______________________________________________________________________

ORDER

Before the Court is the Report and Recommendation (“R&R”) of the Magistrate
Judge. Record Document 53. The R&R recommends that this Court grant Defendants’
Motion For Summary Judgment (Record Document 47) and deny Plaintiff’s Motion For
Summary Judgment. Record Document 39.
For the reasons stated in the R&R, and after an independent review of the
record, determining that the findings are correct under the applicable law, and noting
the absence of objections in the record, IT IS ORDERED that Plaintiff’s Motion For
Summary Judgment [Record Document 39] be DENIED.
In its analysis of the Defendants’ Motion For Summary Judgment, the R&R relies
for summary judgment evidence on the affidavits of Layne Benson, Johnny White, and
Lonnie Nail. Record Document 53, p. 6. These affidavits are all unsigned. Record
Documents 47-6, p. 5; 47-8, p.4; 47-9, p. 5. Unsigned affidavits are not competent
summary judgment evidence. Roy v. U.S. Dept. of Agric., 115 Fed. Appx. 198, 200 (5th
Cir. 2004). Without these affidavits, defendants have not offered sufficient evidence

that there is no genuine dispute of material fact between the parties. Summary
judgment is therefore not appropriate. The Court declines to adopt the R&R with
respect to the Defendants’ Motion For Summary Judgment. [Record Document 53].
Defendants’ Motion For Summary Judgment [Record Document 47] is DENIED.
Defendants may reurge their Motion For Summary Judgment by February 4, 2017 if it
is substantially similar to the motion now denied by the Court.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 4th day of January,
2017.