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Amaker v. Foley

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Submitted: November 14, 2001

Plaintiff, an inmate of Clinton Correctional Facility, appeals from a judgment of the United States District Court for the Western District of New York (John T. Elfvin, Judge) granting defendants’ motion for summary judgment based solely on plaintiff’s failure to submit papers in opposition to the motion. Because the Federal Rules of Civil Procedure do not permit granting of summary judgment on this ground, we vacate the judgment and remand for further proceedings.

Plaintiff Anthony D. Amaker, proceeding pro se, appeals from an entry of judgment in favor of defendants by the United States District Court for the Western District of New York (Elfvin, J.). The district court granted the defendants’ motion for summary judgment solely on the basis that plaintiff had failed to submit any papers or evidence in opposition to the motion by the deadline imposed under the court’s scheduling order. Because dismissal on this ground inappropriately relieved defendants of their initial burden under Fed. R. Civ. P. 56 to show the absence of any genuine issue of material fact, we vacate the judgment and remand for further proceedings.

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