DuBose v. Kasich et al

Filing 42

ORDER re 41 MOTION for Summary Judgment. If plaintiff intends to respond to the motion for summary judgment, he shall do so within twenty-one (21) days from the date of this Order. Signed by Magistrate Judge Norah McCann King on 5/22/12. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOBBY-RAY DUBOSE,
Plaintiff,
vs.

Civil Action 2:11-CV-71
Judge Sargus
Magistrate Judge King

JOHN KASICH, et al.,
Defendants.

ORDER
Defendants Becky Stinchcomb, Dennis Murphy and Donald
Breckenridge have filed a motion for summary judgment.1

Doc. No. 41.

Plaintiff is advised that Rule 56(c) of the Federal Rules of Civil
Procedure provides as follows:
(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.
This means that the facts stated in the affidavits or other papers
submitted in support of the defendants’ motion will be accepted as
true by the Court unless plaintiff submits other evidence showing that
there is a genuine conflict of fact.

1

If plaintiff has personal

Defendants Timothy J. Shriner and Jim Shriner have not moved for
summary judgment.

knowledge of facts that are different from those set out in
defendants’ supporting documents, he should submit an affidavit2
stating those contrary facts.

He should also submit the affidavits of

such other persons having knowledge of the facts and any documents he
has relating to the facts.

If plaintiff intends to respond to the

motion for summary judgment, he shall do so within twenty-one (21)
days from the date of this Order.
IT IS SO ORDERED.

May 22, 2012

s/Norah McCann King
Norah McCann King
United States Magistrate Judge

2
The affidavit need not be notarized. It is sufficient if the affiant makes an
unsworn declaration under penalty of perjury in the following form: "I declare under
penalty of perjury under the laws of the United States of America that the foregoing
is true and correct. Executed on (date). (Signature)." See 28 U.S.C. §1746.