Gee v. Dept. of Corrections et al

Filing 25

ORDER that Plaintiff shall have 30 days from entry of this Order to file his response to 23 Defendant's MOTION for Summary Judgment and 24 MEMORANDUM in Support (Responses due by 9/5/2012). Signed by Chief Judge Robert J. Conrad, Jr on 08/06/2012. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10-cv-270-RJC
SIR-TRAVIS GEE,
Plaintiff,
v.
ASHLEY W. BOYLES, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendants’ Motion for Summary Judgment,
(Doc. No. 23).
ORDER AND NOTICE
Plaintiff is advised the Defendants have filed a motion for summary judgment and a
supporting memorandum with attached exhibits. (Doc. Nos. 23, 24). In accordance with
Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court informs Plaintiff, who is
proceeding pro se, of the heavy burden he carries in responding to the Defendants’ Motion for
Summary Judgment. The failure to properly support an assertion of fact or to address the
Defendants’ evidence or assertions of fact may result in the Court granting summary judgment in
favor of Defendants, which is dismissal of Plaintiff’s Complaint with prejudice. Such a dismissal
would occur if there is no genuine dispute as to any material fact and the Defendants are
therefore entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).
Pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, the court shall grant
summary judgment if the movant, Defendants in this instance, show that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of
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law. A material fact is one that could lead to judgment in favor of one party or another.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A party may assert that a fact is
genuinely disputed, or cannot be genuinely disputed, by submitting certain materials to the
Court. Fed. R. Civ. P. 56(c). These materials include documents, declarations, and affidavits. Id.
A declaration is a written statement subscribed as true under penalty of perjury. 28 U.S.C. §
1746. An affidavit is a written statement sworn before a notary public. Black’s Law Dictionary,
62 (8th ed. 2004). Affidavits and declarations must be made on personal knowledge and set out
facts that would be admissible in evidence. Fed. R. Civ. P. 56(c)(4).
IT IS, THEREFORE, ORDERED that Plaintiff shall have thirty (30) days from entry
of this Order to file his response, including any evidence or other supporting documents, to the
Defendants’ Motion for Summary Judgment and supporting memorandum. (Doc. Nos. 23, 24).
Signed: August 6, 2012

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