Opinion
5:13CV00149 KGB/JTR
04-08-2014
ALAN L. DOERING ADC #106115 PLAINTIFF v. DR. MOORE, Cummins Unit, Arkansas Department of Correction, et al. DEFENDANTS
ORDER
Defendants Kelley and Esaw have filed separate Motions for Summary Judgment, Briefs in Support, and a Statements of Undisputed Facts. Docs. 30 thru 35. Plaintiff must respond to each Motion.
At the summary judgment stage, a plaintiff cannot rest upon mere allegations and, instead, must meet proof with proof. See Fed. R. Civ. P. 56(e). This means that Plaintiff's Responses must include his legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial.
The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either: (1) sworn and subscribed to by a notary public; or (2) executed under penalty of perjury, as provided for by 28 U.S.C. § 1746.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file Statements of Disputed Facts, which lists: (a) any disagreement he has with the specifically numbered factual assertions in each of the Defendants' Statement of Undisputed Facts (Docs. 31 & 35); and (b) any other disputed facts that he believes must be resolved at a hearing or trial.
If Plaintiff disputes any of the facts in Defendants' Statements of Undisputed Facts, he must identify each numbered paragraph that contains the facts he disputes and, for each paragraph, explain why he disputes those facts.
--------
Finally, Plaintiff is advised that if he intends to rely on documents that have been previously filed in the record, he must specifically refer to those documents by docket number, page, date, and heading. The Court will not sift through the file to find support for Plaintiff's factual contentions. See Crossley v. Georgia-Pacific, Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages of the record that supported his position).
IT IS THEREFORE ORDERED THAT:
1. Plaintiff must file, within thirty days of the entry of this Order, separate Response to Defendant Kelley's and Defendant Esaw's Motions for Summary Judgment and a separate Statements of Disputed Fact that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set forth in this Order.
2. Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts in Defendants' summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
_______________
UNITED STATES MAGISTRATE JUDGE