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Simpson v. Busby

October 25, 2006

JIMMIE SIMPSON, ADC #092157 PLAINTIFF
v.
DICK BUSBY, SHERIFF OF CRITTENDEN COUNTY, ET AL. DEFENDANTS



ORDER

On October 24, 2006, Defendants filed a Motion for Summary Judgment, a Brief in Support, and a Statement of Indisputable Material Facts. See docket entries #67, #68, and #69. The Court concludes that a Response from Plaintiff, who is represented by appointed counsel, would be helpful to the resolution of that Motion. See docket entries #46 and #48.

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 Response must include affidavits,*fn1 prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at the Evidentiary Hearing scheduled for December 5, 2005. See docket entry #60. Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a Statement of Indisputable Material Facts, which lists: (a) any disagreement he has with the specifically numbered factual assertions contained in Defendants' Statement of Indisputable Material Facts (docket entry #69); and (b) any other disputed facts that he believes must be resolved at a hearing or trial.*fn2 Finally, Plaintiff is advised that if he intends to rely upon grievances or records that have been previously 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 Plaintiff's factual contentions. See Crossley v. Georgia-Pacific, Corp., 335 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 shall file, within eleven days of the entry of the Order, a Response to Defendant Motion for Summary Judgment (docket entry #67). That Response must 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 could result in all of the facts set forth in Defendant's summary judgment papers being deemed ...


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