Patterson v. North Carolina, State of et al

Filing 22

ORDER, Set/Reset Deadlines as to 20 MOTION for Summary Judgment .(Responses due by 5/30/2014). Signed by District Judge Robert J. Conrad, Jr on 5/16/2014. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-182-RJC
DARON ALLEN PATTERSON,

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Plaintiff,
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vs.
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STATE OF NORTH CAROLINA,
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CARRIE NITZU, THOMAS W.
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THOMPSON,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court sua sponte regarding the filing of a summary
judgment motion by Defendant Thomas Thompson, (Doc. No. 20).
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Plaintiff, who is proceeding pro se, that he has a right to respond to Defendant’s summary
judgment motion, and the Court advises Plaintiff of the heavy burden that he carries in
responding to the motion.
Summary judgment shall be granted “if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to judgment as a matter of law.” FED. R. CIV. P.
56(a). A factual dispute is genuine “if the evidence is such that a reasonable jury could return a
verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
A fact is material only if it might affect the outcome of the suit under governing law. Id.
The movant has 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
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demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S.
317, 323 (1986) (internal citations omitted).
Once this initial burden is met, the burden shifts to the nonmoving party. The nonmoving
party “must set forth specific facts showing that there is a genuine issue for trial.” Id. at 322 n.3.
The nonmoving party may not rely upon mere allegations or denials of allegations in his
pleadings to defeat a motion for summary judgment. Id. at 324. The nonmoving party must
present sufficient evidence from which “a reasonable jury could return a verdict for the
nonmoving party.” Anderson, 477 U.S. at 248; accord Sylvia Dev. Corp. v. Calvert County,
Md., 48 F.3d 810, 818 (4th Cir. 1995).
If 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 a form which would otherwise be admissible at trial, i.e., in
the form of affidavits or unsworn declarations. Federal Rule of Civil Procedure 56(c) provides
that:
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed
must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents,
electronically stored information, affidavits or declarations, stipulations (including those made
for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine
dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that
the material cited to support or dispute a fact cannot be presented in a form that would be
admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may consider
other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion
must be made on personal knowledge, set out facts that would be admissible in evidence, and
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show that the affiant or declarant is competent to testify on the matters stated.
An affidavit is a written statement under oath; that is, a statement prepared in writing and
sworn before a notary public. An unsworn statement, made and signed under the penalty of
perjury, may also be submitted. Affidavits or statements must be presented by Plaintiff to this
Court no later than fourteen (14) days from the date of this Order, and must be filed in duplicate.
Plaintiff’s failure to respond may result in Defendant being granted the relief he seeks by
way of summary judgment and dismissal of the Complaint with prejudice.
IT IS, THEREFORE, ORDERED that:
1. Plaintiff shall respond to the pending motion for summary judgment within 14 days
of entry of this Order. Failure to file a timely and persuasive response will likely lead
to the dismissal of this lawsuit.

Signed: May 16, 2014

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