Free Order on Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:00-cv-00230-SRU

Document 99

Filed 09/24/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

CLAUDIOUS CHANNER v. RICHARD BLUMENTHAL, ET AL. RULING ON MOTION FOR EXTENSION OF TIME The plaintiff seeks a sixty day extension of time to respond to the City of Hartford's motion for summary judgment. The PRISONER Case No. 3:00CV230(SRU)(WIG)

plaintiff claims that he cannot respond because there is no typewriter in the prison law library. The plaintiff is well

aware that he is not required to file motions, memoranda or any other documents in typewritten form. In fact, he has filed

numerous handwritten motions in this case. Because the plaintiff proceeds pro se in this action, the court will grant him additional time to respond to the motion for summary judgment. is excessive. The court concludes, however, that sixty days

Accordingly, the Motion for Extension of Time The plaintiff shall file his

[doc. # 98] is GRANTED in part.

response to the motion for summary judgment on or before October 25, 2004. No further extensions of time will be granted. The

plaintiff is cautioned that if no response has been received by

Case 3:00-cv-00230-SRU

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the court by October 25, 2004, the court will consider the motion for summary judgment on the current record and may grant the motion absent objection. The court again gives notice to the plaintiff that any factual assertions in the documents accompanying the defendants' motion will be accepted as true unless the plaintiff files affidavits or other documentary evidence contradicting these assertions. The plaintiff may not simply rely on his amended

complaint, nor is a memorandum sufficient to oppose the defendants' motion. The plaintiff must respond to the motion for

summary judgment with affidavits1 made on personal knowledge or
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Rule 56(e) states: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so 2

Case 3:00-cv-00230-SRU

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other documentary evidence to show that there is a genuine issue of material fact for trial. If the plaintiff does not so respond, summary judgment may be entered against him. If summary judgment is granted against Instead,

the plaintiff, the case will not proceed to trial. judgment will enter in favor of the defendants.

Furthermore, a party opposing a motion for summary judgment has obligations under Local Civil Rule 56(a)2 of the United States District Court for the District of Connecticut. That rule

requires a party opposing summary judgment to include in his opposition papers a "Local Rule 56(a)2 Statement." The Local

Rule 56(a)2 Statement is in response to the moving party's 56(a)1 Statement of Material Facts which sets forth the facts which it contends are undisputed. The plaintiff must state whether he The plaintiff's 56(a)2

admits or denies each such fact.

statement must also list in a separate section each issue of material fact which the plaintiff contends must be tried. addition, Local Rule 9 requires that: [e]ach statement of material fact in a Local Rule 56(a) Statement by a movant or opponent must be followed by a citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) evidence In

respond, summary judgment, if appropriate, shall be entered against the adverse party. 3

Case 3:00-cv-00230-SRU

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that would be admissible at trial. The affidavits, deposition testimony, responses to discovery requests, or other documents containing such evidence shall be filed and served with the Local Rule 56(a) Statement in conformity with Fed. R. Civ. P. 56(e). D. Conn. L. Civ. R. 56(a)3. If the plaintiff does not file a

56(a)2 statement, all material facts set forth in the moving party's Rule 56(a)1 statement will be deemed admitted. SO ORDERED at Bridgeport, Connecticut, this 24th day of September, 2004.

/s/ Stefan R. Underhill Stefan R. Underhill United States District Judge

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