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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

DALE WOOD, Plaintiff v. MAINE DEPARTMENT OF CORRECTIONS, et al., Defendants

) ) ) ) ) Civil No. 06-156-B-W ) ) ) ) )

Recommended Decision on Unopposed Motion for Summary Judgment Dale Wood, an inmate at the Maine State Prison, initiated a civil action complaining that he is no longer allowed to practice Asatru religion or have any religious materials at the prison, although he had been so allowed in the past. The defendants have filed a motion for summary judgment (Docket No. 23) to which Wood has not responded. I recommend that the court grant the motion for summary judgment because, Wood not having placed their material facts in dispute, the defendants have established that they are entitled to judgment as a matter of law. Discussion Summary Judgment Standard "Summary judgment is proper 'if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'" United States v. Union Bank For Sav. & Inv. (Jordan), 487 F.3d 8, 17 (1st Cir. 2007) (quoting Federal Rule of Civil Procedure 56(c)). I draw all reasonable inferences in favor of Wood, but where he bears the burden of proof, he

"'must present definite, competent evidence' from which a reasonable jury could find in [his] favor." Id. (quoting United States v. One Parcel of Real Prop., 960 F.2d 200, 204 (1st Cir. 1992)). Wood has not presented any evidence in defense of the motion for summary judgment. However, this court, may not automatically grant a motion for summary judgment simply because the opposing party failed to comply with a local rule requiring a response within a certain number of days. Rather, the court must determine whether summary judgment is "appropriate," which means that it must assure itself that the moving party's submission shows that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Advisory Committee Note to Rule 56 ("Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented."). NEPSK, Inc. v. Town of Houlton, 283 F.3d 1, 7 -8 (1st Cir. 2002) Undisputed Material Facts Gerald Willey is a sergeant at the Maine State Prison and has been since July 16, 2001. (SMF

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Maine Law