Opinion
Civil Action No. 4:04-CV-628-Y.
April 21, 2005
ORDER GRANTING DEFENDANTS SCOGGINS'S, FULLER'S, AND GARCIA'S MOTION FOR SUMMARY JUDGMENT
Pending before the Court is defendants Edward Scoggins's, William Fuller's, and Hector Garcia's Motion for Summary Judgment Based on their Entitlement to Qualified and Official Immunity [doc. #34], filed February 22, 2005. Having carefully considered the motion, and noting that the plaintiff wholly failed to file a response, the Court concludes that it should be GRANTED for the reasons stated therein.
Federal Rule of Civil Procedure 56(e) states:
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 respond, summary judgment, if appropriate, shall be entered against the adverse party.
Therefore, it is ORDERED that Scoggins's, Fuller's, and Garcia's Motion for Summary Judgment Based on their Entitlement to Qualified and Official Immunity [doc. #34] is GRANTED.