Filed: Jan. 27, 2012
Latest Update: Jan. 27, 2012
Summary: ORDER J. THOMAS RAY, Magistrate Judge. On January 26, 2012, Defendants filed a Joint Motion for Summary Judgment (docket entry #33), a Brief in Support (docket entry #34), and a Statement of Undisputed Facts (docket entry #35). A Response from Plaintiff would be helpful to the resolution of that 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(c) & (e). This means that Plaintiffs Response m
Summary: ORDER J. THOMAS RAY, Magistrate Judge. On January 26, 2012, Defendants filed a Joint Motion for Summary Judgment (docket entry #33), a Brief in Support (docket entry #34), and a Statement of Undisputed Facts (docket entry #35). A Response from Plaintiff would be helpful to the resolution of that 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(c) & (e). This means that Plaintiffs Response mu..
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ORDER
J. THOMAS RAY, Magistrate Judge.
On January 26, 2012, Defendants filed a Joint Motion for Summary Judgment (docket entry #33), a Brief in Support (docket entry #34), and a Statement of Undisputed Facts (docket entry #35). A Response from Plaintiff would be helpful to the resolution of that 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(c) & (e). This means that Plaintiffs Response must include his legal arguments, as well as affidavits,1 jail records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a Statement of Disputed Facts, which lists: (a) any disagreement he has with the specifically numbered factual assertions contained in Defendants' Statement of Undisputed Facts (docket entry #35); and (b) any other disputed facts that he believes must be resolved at a hearing or trial.2
Finally, Plaintiff is advised that if he intends to rely upon grievances or records that previously have been filed with the Court, 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 Plaintiffs 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 (30) days of the entry of this Order, a Response to Defendants' Joint Motion for Summary Judgment and a separate Statement of Disputed Facts that comply with 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 set forth 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).
