Pickle v. Stukey et al

THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JOHN W PICKLE, JR 	PLAINTIFF
ADC #652242
v. 	No: 4:25-cv-01117 DPM-PSH
RONALD JOHN STUKEY, et al. 	DEFENDANTS
ORDER
On December 9, 2025, Ronald John Stukey (“Defendant”) filed a Motion for
Summary Judgment together with a Brief in Support and Statement of Material
Undisputed Facts (Doc. Nos. 11 - 13) seeking to dismiss John W. Pickle, Jr.’s claims
against him based on his alleged failure to exhaust available administrative remedies.
Pickle 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,
Pickle’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
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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 Pickle 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 defendants’ 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 Pickle 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, Pickle 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 Perry’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:
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Pickle may file a response to the Defendant’s 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 Pickle 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 Pickle, pursuant to Local Rule 56.1(c).
IT IS SO ORDERED this 9th day of December, 2025.
UNITED STATES MAGISTRATE JUDGE
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