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Case 2:12-cv-00229-DPM-JTR Document 77 Filed 06/17/13 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 medical Defendants have filed a Motion for Partial Summary Judgment,

a Brief in Support, and a Statement of Undisputed Facts. See Docs. #73, #73, and

#75. Plaintiff must respond to 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(e). This means that

Plaintiff’s Response 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 a

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 77 Filed 06/17/13 Page 2 of 3

Statement of Disputed Facts, which lists: (a) any disagreement he has with the

specifically numbered factual assertions in Defendants’ Statement of Undisputed Facts

(Doc. #74); 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, a

Response to the medical Defendants’ Motion for Partial Summary Judgment (Doc.

#73) and a separate Statement 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.

Plaintiff is advised that the failure to timely and properly comply with

2 If Plaintiff disputes any of the facts in 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 77 Filed 06/17/13 Page 3 of 3

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 17th day of June, 2013.


UNITED STATES MAGISTRATE JUDGE

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