Winters v. Nighswonger et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
RONALD MILES WINTERS,
Plaintiff,
vs.
ZANE NIGHSWONGER,
SUPERINTENDENT III, et al.,
Defendants.
Case No. 3:19-cv-00146-MMS
ORDER & WARNING NOTICE TO PRO SE PLAINTIFF
At Docket 18, Defendants have filed a Motion for Summary Judgment under
Rule 56 of Federal Rules of Civil Procedure. 	Because the Plaintiff is self-
represented, the Court provides the Plaintiff with the following notice of the
potential consequences of Defendants’ motion.
WARNING NOTICE TO PLAINTIFF
This Notice is required to be given by the Court to all self-represented
prisoners. Defendants have made a motion for summary judgment by which they
seek to have your case against them dismissed. If granted, a motion for summary
judgment under Rule 56 of the Federal Rules of Civil Procedure will end your case
against Defendants. 	Although the actual text of Federal Rule of Civil Procedure
56 controls in any dispute as to its interpretation, the Court provides the following
brief explanation of this rule.
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Order & Notice to Pro Se Plaintiff
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Federal Rule of Civil Procedure 56 tells you what you must do in order to
oppose a motion for summary judgment. 	Generally, summary judgment must be
granted when there is no genuine issue of material fact. In other words, if there is
no real dispute about any fact that would affect the result of your case, the party
who asked for summary judgment may be entitled to judgment as a matter of law,
which would end your case. 	When a party you are suing makes a motion for
summary judgment that is properly supported by declarations (or other sworn
testimony), you cannot simply rely on what your Complaint says. 	Instead, you
must set out specific facts in declarations or affidavits, depositions, answers to
interrogatories, or authenticated documents as provided in Federal Rule of Civil
Procedure 56(c), which you attach as exhibits to your opposition to the Defendants’
motion. 	The facts that you cite to should contradict the facts as stated in
Defendants’ declarations and documents, and show that there is a genuine issue
of material fact for trial or why the Defendants do not establish that there is not a
genuine issue of material fact for trial. 	If you do not submit your own evidence in
opposition to the Defendants’ motion, summary judgment, if appropriate, may be
entered against you. As Plaintiff, you are on notice that if summary judgment
is granted, your case will be dismissed and there will be no trial or further
proceedings in regard to the allegations you make against Defendants.
In rare cases, a Plaintiff can explain in an affidavit or declaration what the
specific reasons are that he/she cannot present facts that are essential to justifying
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his/her opposition to the motion for summary judgment. In this situation, a Plaintiff
can request the Court to postpone its ruling on the motion for summary judgment.
If the Court is persuaded by such a motion to postpone its ruling, it may then defer
or deny the motion for summary judgment so that a Plaintiff has time to obtain
affidavits, declarations, or take discovery.
IT IS THEREFORE ORDERED:
1. The Plaintiff has until on or before 21 days after the date of this order
to serve and file on the Defendants any opposition to the Defendants’
Motion for Summary Judgement at Docket 18.
2. The 	Defendants 	have 	until 	14 	days 	after 	service 	of 	the 	Plaintiff’s
opposition to serve and file a reply.
DATED this 27th day of April, 2021 at Anchorage, Alaska.
/s/ Matthew M. Scoble
UNITED STATES MAGISTRATE JUDGE
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