Opinion

Allen v. Brown

Court
District Court, E.D. Arkansas
Filed
Jan 17, 2025
Cited by
0 cases
Authority
More cited than 33.7%

affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages of the record that supported his position

How later courts described this case

  • affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages of the record that supported his position

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

ZACHERY TREY ALLEN PLAINTIFF

v. No: 4:23-cv-00198 KGB/PSH

STEVEN D BROWN, et al. DEFENDANTS

ORDER

On January 17, 2025, Defendants Antonio D. Johnson, Steven D. Brown, Jody

Robertson, and Todd Ball filed a Motion for Partial Summary Judgment, together

with a Brief in Support and a Statement of Undisputed Material Facts (Doc. Nos. 42

- 44). Defendants seek to dismiss some of Plaintiff Zachery Trey Allen’s claims

against them based on his alleged failure to exhaust available administrative

remedies. Allen now has an opportunity to file a response opposing the motion. To

be considered, the response must be filed within twenty-eight days of this order’s

entry date.

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). Accordingly,

Allen’s response must include legal arguments as well as evidence establishing that

there is a genuine issue of material fact that must be resolved at a hearing or trial.

Such evidence may include declarations or notarized affidavits that he or others have

signed. Affidavits and declarations are sworn statements that are made under

penalty of perjury (see 28 U.S.C. § 1746). Unsworn statements will not be

considered in deciding the motion for summary judgment. And to be considered, an

affidavit or declaration must be based on personal knowledge of the person who

signs it.

If Allen files a response, he must also file a separate, short statement which

lists: (a) any disagreement he has with the specifically numbered factual assertions

contained in the defendant’s statement of undisputed facts; and (b) any other

disputed facts that he believes must be resolved at a hearing or trial. See Local Rule

56.1, Rules of the United States District Court for the Eastern District of Arkansas.

If Allen disputes any of the facts set forth in the 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.

Finally, Allen is advised that if he intends to rely upon grievances or records

that have been filed with the Court previously, 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 Allen’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:

Allen may file a response to the defendants’ motion for summary judgment

along with a separate statement of disputed facts that complies with Fed. R. Civ. P.

56, Local Rule 56.1 and the instructions set forth in this Order within twenty-eight

days. While Allen is not required to file a response to the motion for summary

judgment, if he does not respond, the facts set forth in the defendant’s statement of

facts may be deemed admitted by Allen, pursuant to Local Rule 56.1(c).

IT IS SO ORDERED this 17th day of January 2025.

eo eS Sioa

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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