Joshua Dale Davis v. Clements, et al.

Summary

The United States District Court for the Eastern District of Arkansas grants Plaintiff Joshua Dale Davis twenty-eight days to respond to Defendants Tom and Arlene Clements’ motion for summary judgment based on alleged failure to exhaust administrative remedies. The order explains the evidentiary and factual-dispute requirements under Federal Rule of Civil Procedure 56 and Local Rule 56.1, including the need to identify supporting records specifically.

Holdings

1. A plaintiff responding to a motion for summary judgment may not rely on mere allegations and must submit legal argument and evidence establishing a genuine issue of material fact. Supporting affidavits or declarations must be sworn or made under penalty of perjury, based on the signer's personal knowledge, and unsworn statements will not be considered.
2. Davis was not required to file a response, but if he did not respond, the facts stated in Defendants' statement of facts could be deemed admitted under Local Rule 56.1(c).

Questions Presented

1. What materials and factual showing must Plaintiff provide in responding to Defendants' pending motion for summary judgment?
2. Whether Plaintiff's failure to respond could result in the facts stated in Defendants' statement of undisputed facts being deemed admitted under Local Rule 56.1(c).

Disposition

other