Opinion

Newman v. Brown

Court
District Court, E.D. Arkansas
Filed
May 6, 2025
Cited by
0 cases
Authority
More cited than 35.1%

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

CHRIS DEVON NEWMAN PLAINTIFF

ADC #131157

v. No: 4:24-cv-00742-KGB-PSH

RODNEY BROWN, et al. DEFENDANTS

ORDER

On April 30, 2025, defendants Rodney Brown, Roosevelt Barden, Latasha

Williams, Deshun Thomas, and Marquis Taylor (the “ADC Defendants”) filed a

Motion for Summary Judgment together with a Brief in Support and Statement of

Undisputed Material Facts (Doc. Nos. 19-21) seeking to dismiss Plaintiff Chris

Devon Newman’s claims against them based on his alleged failure to exhaust

available administrative remedies. Newman 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,

Newman’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 Newman 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 Newman disputes any of the facts set forth in the defendant’s 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, Newman 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 Newman’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:

Newman 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 Newman is not required to file a response to the motion

for summary judgment, if he does not respond, the facts set forth in the Defendants’

statement of facts may be deemed admitted by Newman, pursuant to Local Rule

56.1(c).

IT IS SO ORDERED this 6" day of May, 2025.

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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