Plaintiff has not presented any legal argument and has not attached to his motion certified copies of any exhibits, sworn statements by persons attesting to the truth of his allegations, or even his own sworn statement relative thereto. The Court concludes, on the record before it, that Plaintiff's motion for summary judgment should be denied. go beyond the pleadings and designate specific facts showing that there is a genuine issue for trial." Little v. The nonmoving party is not required to respond to the motion until the movant has met its burden and properly supported the motion with competent evidence. "If the moving party fails to meet this initial burden, the motion must be denied, regardless of the nonmovant's response or failure to respond. The moving party bears the initial burden of informing the Court of the basis for the motion and identifying those portions of the pleadings, depositions and discovery responses, together with affidavits, if any, that the party believes demonstrate the absence of a genuine issue of material fact. Summary judgment is appropriate where there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Plaintiff moves for summary judgment, apparently relying only upon the pleadings and the allegations of his unsworn Complaint. 29), neither of these defendants has appeared in this proceeding. Plaintiff alleges, inter alia, that he was subjected to a physical assault by a correctional officer, was generally denied adequate medical treatment, was subjected to threats and verbal abuse, was denied access to personal property, was charged with false disciplinary reports, was denied protection from a co-inmate, and was generally denied responses to his correspondence and administrative grievances.Īlthough the record reflects that defendants Jon Small and Tie Gautreau were served with process in this proceeding, see R.
Plaintiff's complaint includes a litany of events allegedly occurring at the Ascension Parish Jail between July 2012 and August 2014. Tie Gautreau, Dpty Sheriff Jon Small, Internal Affairs Officer Lt. § 1983 against APJ Ass't Warden Raymond McNeil, Dr.
#ASCENSION PARISH SHERIFF DONALDSONVILLE LA PRO#
Pro se Plaintiff, an inmate previously confined at the Ascension Parish Jail ("APJ"), Donaldsonville, Louisiana, filed this action pursuant to 42 U.S.C. This matter comes before the Court on Plaintiff's Motion for Summary Judgment (R. UNITED STATES MAGISTRATE JUDGE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Signed in Baton Rouge, Louisiana, on June 28, 2016. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge which have been accepted by the District Court.ĪBSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT. § 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law and recommendations therein. Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court. ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE