United States District Court, M.D. Pennsylvania
November 8, 2005.
GARY A. SHELLY, Plaintiff
PA. DEPT. OF CORRECTIONS SECRETARY BEARD, et al., Defendants.
The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge
AND NOW, this 8th day of November, 2005, upon consideration of
defendants' motions (Docs. 54, 64) for summary judgment and
statements of material facts (Docs. 58, 69), filed in August and
October 2005, and it appearing that as of the date of this order
plaintiff has not filed briefs in opposition to the motions,
see L.R. 7.5 ("Any party opposing any motion shall file a
responsive brief, together with any opposing affidavits,
deposition transcripts or other documents, within fifteen (15)
days after service of movant's brief. Any respondent who fails to
comply with this rule shall be deemed not to oppose such
motion."), or filed opposing statements of material facts, see
L.R. 56.1 ("The papers opposing a motion for summary judgment
shall include a separate, short and concise statement of material
facts, responding to [the moving party's statement of facts]. . . .
All material facts set forth in the [moving party's statement]
will be deemed admitted unless controverted by the statement
required to be served by the opposing party."), it is hereby
ORDERED that: 1. Plaintiff shall file, on or before November 30,
2005, briefs in opposition to defendants' motions
(Docs. 54, 64) for summary judgment, and opposing
statements of material facts (see Docs. 58, 69).
See FED. R. CIV. P. 56; see also L.R. 7.5, 56.1.
2. Failure to comply with this order may result in
the granting of defendants' motions and the dismissal
of this case. See L.R. 7.5, 56.1; see also FED.
R. CIV. P. 41(b).
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