Lewis v. Grittion et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JAYLEN M LEWIS 	PLAINTIFF
v. 	No: 4:23-cv-01011 PSH
BRAD GRITTION, et al 	DEFENDANTS
ORDER
On October 30, 2025, Defendants Misty Boze, Brad Grittion, Shane Jones,
Jhovanny Reyna, Rowdy Sweet, and Blake Wilson filed a Motion for Summary
Judgment on the merits of Plaintiff Lewis’s claims, together with a Brief in Support
and a Statement of Undisputed Material Facts (Doc. Nos. 171 - 173). 	Lewis 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,
Lewis’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
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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 Lewis 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 Lewis disputes any of the facts set forth in the defendants’ 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, Lewis 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 Lewis’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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Lewis 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 Lewis 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 Lewis, pursuant to Local Rule 56.1(c).
IT IS SO ORDERED this 5th day of November, 2025.
UNITED STATES MAGISTRATE JUDGE
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