Summary
The United States District Court for the Southern District of Georgia explains the consequences of failing to respond to defendants’ motion for summary judgment in a prisoner civil-rights action under 42 U.S.C. § 1983. The Court orders the plaintiff to file an opposition, supporting evidence, or notice of non-objection by February 17, 2026, and directs the Clerk to provide him with Federal Rule of Civil Procedure 56.
Holdings
- Before ruling on Defendants' motion for summary judgment, the Court must afford Plaintiff a reasonable opportunity to respond, including notice and an explanation of the consequences of failing to submit opposing evidence.
- If Plaintiff does not oppose the motion, factual assertions in Defendants' affidavits may be deemed admitted under Local Rule 7.5 and Federal Rule of Civil Procedure 56, and the motion may be granted as unopposed.
Questions Presented
- Whether Plaintiff must receive a reasonable opportunity, including notice and an explanation of the rights that may be lost, to respond to Defendants' motion for summary judgment before the Court rules on it.
- What consequences follow under Federal Rule of Civil Procedure 56 and Local Rule 7.5 if Plaintiff does not oppose the motion for summary judgment.
Disposition
other
Cases Cited (8)
- Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985)(followed)
- Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970)(followed)
- Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)(followed)
- Casey Enters., Inc. v. Am. Hardware Mut. Ins. Co., 655 F.2d 598, 602 (5th Cir. Unit B Sept. 1981)(followed)
- Morris v. Ross, 663 F.2d 1032, 1033 (11th Cir. 1981)(followed)
- Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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