Purcell v. Mission Hospitals et al

Filing 13

ORDER Pltf file his response to 10 MOTION for Summary Judgment filed by Mission Hospitals, Set/Reset Deadlines as to 10 MOTION for Summary Judgment - Responses due by 9/16/2008. Signed by Magistrate Judge Dennis Howell on 8/30/08. (ejb)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :0 7 cv 3 8 5 W A Y N E K. PURCELL, P la in t if f, V s. M I S S I O N HOSPITALS, D efen d an t. _______________________________ ) ) ) ) ) ) ) ) ) )

ORDER

T H I S MATTER is before the court on defendant's Motion for Summary J u d g m e n t. In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), p la in tiff, who is proceeding pro se, is cautioned that he carries a heavy burden in re s p o n d in g to a motion for summary judgment. Rule 56(e), Federal Rules of Civil P r o c e d u r e , provides: W h e n a motion for summary judgment is made and supported as p r o v id e d in this rule, an adverse party may not rest upon the mere a lle g a tio n s or denials of the adverse party's pleading, but the adverse p a r ty 's response, by affidavits or as otherwise provided in this rule, must s e t forth specific facts showing that there is a genuine issue for trial. If th e adverse party does not so respond, summary judgment, if a p p ro p ria te , shall be entered against the adverse party. F e d .R .C iv .P . 56(e). This language means that if the plaintiff has any evidence to offer to show that there is a genuine issue for trial, he must now present it to this court in

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a form which would otherwise be admissible at trial, i.e., in the form of affidavits or u n s w o r n declarations. An affidavit is a written statement under oath; that is, a s ta te m e n t prepared in writing and sworn before a notary public. An unsworn

s ta te m e n t, made and signed under the penalty of perjury, may also be submitted. A ffid a v its or statements must be presented by plaintiff to this court within fourteen (1 4 ) days from the date of this Order and must be filed in duplicate. As stated by Rule 5 6 (e ), plaintiff's failure to respond may result in the action being dismissed by way of s u m m a ry judgment. Having considered defendant's motion and reviewed the

p le a d in g s , the court enters the following Order.

ORDER I T IS, THEREFORE, ORDERED that plaintiff file his response to d e fe n d a n t's Motion for Summary Judgment (#10) within 14 days of the entry of this O rder.

Signed: August 30, 2008

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