Although all federal Defendants have now been dismissed from

1

this action, see Order and Memorandum Granting Federal Defendant’s

Motion to Dismiss (Rhode Island Document (“R.I. Doc.”) #6) (dismissing

last federal Defendant), the Court identifies the case as it was

originally filed, see Complaint.

 For example:

2

“6. The door to Plaintiff’s unit had marks indicating

tampering, showing that the glass in the door had been etched

with a cutting tool so it could be removed. Dowaliby

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

GERARD BOULANGER, :

 Plaintiff, :

 :

v. : NH 06-cv-00308-ECT

 : RI MC 07-23 T

U.S. MARSHALS SERVICE, :

NEW HAMPSHIRE DISTRICT, et al., : 1

 Defendants. :

ORDER

RE DEFENDANTS’ MOTION

FOR SUMMARY JUDGMENT

Defendants Warren Dowaliby, Jeffrey McPherson, Linda Lee,

Bruce Pelkie, and Donna Roy (“Defendants”) have filed a Motion

for Summary Judgment (New Hampshire Document (“N.H. Doc.”) #63)

with a Statement of Undisputed Facts (“SUF”). Although the

Memorandum of Law in Support of Motion for Summary Judgment

(“Defendants’ Mem.”) contains record citations, Defendants SUF

does not. Accordingly, Defendants are directed to file within

twenty-one days of the date of this Order an Amended SUF. For

each enumerated fact stated in the Amended SUF, Defendants shall

provide the appropriate record citation.2

Case 1:06-cv-00308-SM Document 66 Filed 05/05/08 Page 1 of 3
Declaration ¶ 10.” 

 For example, with reference to Defendants’ SUF ¶ 23, if 3

Plaintiff does not dispute that “[t]here was broken glass in

Plaintiff’s trash can, a towel with blood on it ...,” id., but

disputes that there were “sheets tied together to make a rope,” id.,

his response to this paragraph of Defendants’ Amended SUF would be

similar to the following:

23. Disputed in part. There were no sheets tied together to

make a rope. See Plaintiff’s Affidavit, ¶ 5.

2

Within twenty-one days of the filing of Defendants’ Amended

SUF, Plaintiff Gerard Boulanger (“Plaintiff”) shall file a

response to the Amended SUF. The response shall be entitled

“Plaintiff’s Response to Defendants’ Amended SUF” (“Plaintiff’s

Response”) and shall address each of the numbered paragraphs in

the Amended SUF. As to each paragraph, Plaintiff shall state

whether the alleged fact is: “disputed,” “disputed in part,” or

“undisputed.” If a fact is disputed in part, Plaintiff shall

state what part of the fact is disputed. As to any fact which 3

Plaintiff disputes, either in full or in part, Plaintiff shall

identify the evidence in the record which supports his contention

that the fact is disputed. If the evidence is testimony which

Plaintiff (or another witness) will provide at trial, Plaintiff

shall submit an affidavit which states the expected testimony. 

If the evidence is other than testimonial, Plaintiff shall

identify what that evidence is. If it is not obvious how the

expected testimony or other evidence contradicts or disputes the

particular “fact,” Plaintiff shall briefly explain how the

Case 1:06-cv-00308-SM Document 66 Filed 05/05/08 Page 2 of 3
3

expected testimony or other evidence contradicts or disputes the

“alleged fact.”

After Plaintiff has addressed each numbered paragraph in

Defendants’ Amended SUF, Plaintiff may list any additional

material facts (numbering each such fact), supported by

appropriate record citations, as to which Plaintiff contends a

genuine dispute exists so as to require a trial. Plaintiff may

list these additional material facts in Plaintiff’s Response, but

they should appear beneath the heading “Additional Disputed

Material Facts.”

So ordered.

ENTER:

/s/ David L. Martin 

DAVID L. MARTIN

United States Magistrate Judge

May 5, 2008

Case 1:06-cv-00308-SM Document 66 Filed 05/05/08 Page 3 of 3