Opinion
Case No. 3:11cv00286
01-16-2013
MARK GESSNER, Plaintiff, v. JOHN HOWARD, et al., Defendants.
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington
PRO SE NOTICE OF MOTION FOR SUMMARY JUDGMENT
You are hereby notified that the Defendants filed a Motion for Summary Judgment on January 15, 2013. (Doc. #25). You should receive a copy of the Motion directly from Defendants.
Under the rules of this Court (S.D. Ohio Civ. R. 7.2) you are allowed twenty-one days from the date of service (January 15, 2013) within which to file a response to this Motion, plus an extra three days if the Motion was served on you by mail. Your response must be filed with the Court not later than February 8, 2013.
Under Fed. R. Civ. Proc. 56, a party faced with a Motion for Summary Judgment cannot rely merely on the claims he or she has made in the Complaint, but must respond with evidence showing that there is a genuine issue of material fact for trial in the case. The evidence must be of the same quality as would be admissible at trial in the case.
If you fail to respond to the Motion for Summary Judgment not later than February 8, 2013, your case may be dismissed on the merits or for failure to prosecute.
______________________
Sharon L. Ovington
United States Magistrate Judge