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Case 2:12-cv-00229-DPM-JTR Document 139 Filed 03/11/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

HELENA DIVISION

DEVERICK SCOTT,
ADC #131042

PLAINTIFF

V. 2:12CV00229 DPM/JTR

DANNY BURL, Warden,
East Arkansas Regional Unit, ADC, et al.



DEFENDANTS

ORDER

The ADC and the Medical Defendants have filed separate Motions for

Summary Judgment, Briefs, and Statements of Undisputed Facts. Docs. 131 through

136. Plaintiff must file separate Responses.

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,1 prison

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

1 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.

Case 2:12-cv-00229-DPM-JTR Document 139 Filed 03/11/14 Page 2 of 3

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. 133 & 135) 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 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 Responses to the ADC Defendants’ and the Medical Defendants' Motions for

Summary Judgment, as well as separate Statements of Disputed Facts that comply

with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set forth in this

Order.

2 If Plaintiff disputes any of the facts in the ADC Defendants’ or the Medical Defendants'
Statement 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.

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Case 2:12-cv-00229-DPM-JTR Document 139 Filed 03/11/14 Page 3 of 3

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).

Dated this 11th day of March, 2014.


UNITED STATES MAGISTRATE JUDGE

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