United States District Court, W.D. Pennsylvania
October 4, 2005.
RONALD MUNGRO, Plaintiff,
M.H. HARTWIGER, JEFFREY A. BEARD, Defendants.
The opinion of the court was delivered by: FRANCIS CAIAZZA, Chief Magistrate Judge
AND NOW, this 4th day of October, 2005;
Defendant M.H. Hartwiger having filed a Motion for Summary
Judgment and brief in support thereof.
IT IS HEREBY ORDERED that the Plaintiff shall be allowed until
November 4, 2005, to respond to the Motion. The Plaintiff is
advised that his response to the motion may include opposing or
counteraffidavits (executed by the plaintiff or other persons)
which have either been sworn to under oath (notarized) or include
at the end of the document, immediately before the Plaintiff's
signature, the following in accordance with 28 U.S.C. § 1746: "I
declare under penalty of perjury that the foregoing is true and
correct. Executed this ____ day of ____, 2005."
IT IS FURTHER ORDERED that all affidavits, opposing or
counteraffidavits must be based upon the personal knowledge of
the person executing the affidavit; that no affidavit, amended
complaint, pretrial narrative or other document containing plaintiff's allegations will be considered when determining the
motion for summary judgment unless it has been notarized before a
notary public or unless it contains a declaration under penalty
of perjury as set forth above; that plaintiff may attach to his
affidavit copies of any depositions, answers to interrogatories,
institutional records or other documents he wishes this court to
consider when addressing the summary judgment motion; and that
the motion for summary judgment will be evaluated under the
procedure standard set forth in Rule 56 of the Federal Rules of
Civil Procedure; and that failure to respond may result in entry
of judgment against him.
IT IS FURTHER ORDERED that each party shall serve upon the
opposing party a copy of every pleading or other document
submitted for consideration by the court and shall include on the
original document filed with the Clerk of Court a certificate
stating the date a true and correct copy of the pleading or
document was mailed to each party. Any pleading or other document
received by a district judge or magistrate judge which has not
been filed with the Clerk or which fails to include a certificate
of service may be disregarded by the court.
IT IS FURTHER ORDERED that the parties are allowed ten (10)
days from this date to appeal this order to a district judge
pursuant to Rule 72.1.3(B) of the Local Rules for Magistrates.
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