Ibrahim Mohammad Mustafa
300 SE 11 th Ave. #303
Pompano Beach, FL 33060
(954) 709-1835
mustafadrn80@gmail.com
Plaintiff in pro per
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
IBRAHIM MOHAMMAD MUSTAFA,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant
Case No.: 21-CV-20633-LENARD/LOUIS
PLAINTIFF’S REPLY TO DEFENDANT’S
RESPONSE TO THE COURT’S ORDER
TO SHOW CAUSE DIRECTED
TOWARDS PLAINTIFF
NOW COMES Ibrahim Mohammad Mustafa, Plaintiff, and files his Reply to
Defendant’s Response to the Court’s Order to Show Cause Directed Towards Plaintiff, and
hereby avers as follows:
1. Defendant states that Plaintiff cannot prevail on the merits of this case because he
has no expert witness testimony, a requirement for him in proving his allegations against
Defendant. This is false as Plaintiff has other documents and/or materials to prove his case.
2. Plaintiff has photographs which prove that the accident happened. The
photographs will show that there exist issues of material fact in regard to the accident and
Defendant’s liability, therefore, Defendant has not fulfilled the burden of showing that there
exists no issue of material fact to obtain summary judgment in its favor.
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PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE TO THE COURT’S ORDER TO SHOW CAUSE
DIRECTED TOWARDS PLAINTIFF – 2
3. Under Federal Rule of Civil Procedure 56(c), 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.” Fed. R. Civ. P. 56(c).
4. The party asking for summary judgment “always bears the initial responsibility of
informing the district court of the basis for its motion, and identifying those portions of ‘the
pleadings, depositions, answers to interrogatories, and admissions on file, together with the
affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.”
Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Fed. R. Civ. P. 56(c)).
5. The movant can meet this burden by presenting evidence showing there is no
dispute of material fact, or by showing that the nonmoving party has failed to present evidence in
support of some element of its case on which it bears the ultimate burden of proof. Celotex, 477
U.S. at 322- 23.
6. There is no requirement, however, “that the moving party support its motion with
affidavits or other similar materials negating the opponent’s claim.” Id. at 323. Once the moving
party has met his burden, Rule 56(e) “requires the nonmoving party to go beyond the pleadings
and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions of
file,’ designate ‘specific facts showing that there is a genuine issue for trial.’” Id. at 324 (quoting
Fed. R. Civ. P. 56(e)).
7. The nonmoving party need not present evidence in a form necessary for
admission at trial; however, he may not merely rest on his pleadings. Celotex, 477 U.S. at 324.
“[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate
time for discovery and upon motion, against a party who fails to make a showing sufficient to
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PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE TO THE COURT’S ORDER TO SHOW CAUSE
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establish the existence of an element essential to that party’s case, and on which that party will
bear the burden of proof at trial.” Id. at 322.
8. After the plaintiff has properly responded to a proper motion for summary
judgment, the court must grant the motion if there is no genuine issue of material fact, and the
moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The substantive
law will identify which facts are material and which are irrelevant. Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 248 (1986).
9. A dispute is genuine “if the evidence is such that a reasonable jury could return a
verdict for the nonmoving party.” Id. at 248. “[T]he judge’s function is not himself to weigh the
evidence and determine the truth of the matter but to determine whether there is a genuine issue
for trial.” Id. at 249. His guide is the same standard necessary to direct a verdict: “whether the
evidence presents a sufficient disagreement to require submission to a jury or whether it is so
one-sided that one party must prevail as a matter of law.” Id. at 251-52; see also Bill Johnson’s
Restaurants, Inc. v. N.L.R.B., 461 U.S. 731, 745 n.11 (1983).
10. However, the nonmoving party “must do more than show that there is some
metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio
Corp., 475 U.S. 574, 586 (1986). If the evidence is merely colorable, or is not significantly
probative, summary judgment may be granted. Anderson, 477 U.S. at 249 (citations omitted);
accord Spence v. Zimmerman, 873 F.2d 256 (11 Cir. 1989).
11. Nevertheless, the credibility determinations, the weighing of evidence, and the
drawing of inferences from the facts are the function of the jury, and therefore the evidence of
the non-movant is to be believed and all justifiable inferences are to be drawn in his favor.
Anderson, 477 U.S. at 255. The non-movant need not be given the benefit of every inference but
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PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE TO THE COURT’S ORDER TO SHOW CAUSE
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only of every reasonable inference. Brown v. City of Clewiston, 848 F.2d 1534, 1540 n.12 (11
Cir. 1988).
12. Defendant has failed to prove that there is no genuine issue of material fact. The
damage that Plaintiff suffered was as a result of the accident with the U.S. postal service and not
the subsequent accident as Defendant would mislead this Court to believe.
13. In addition, Plaintiff has a police report that contains the statement that his
coworker gave to the police which confirms the accident. Plaintiff is in the process of obtaining
doctors’ reports which will establish that the injury suffered was as a result of the accident with
the U.S. postal service.
14. Plaintiff filed a Response to Order to Show Cause in which he requested this
Court to grant him an extension of ____ days to find a licensed attorney to represent him. The
parties are still awaiting a ruling on the request for extension.
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Court to DENY Defendant’s Motion for Summary Judgment and GRANT Plaintiff
appropriate equitable relief in the circumstances.
Dated this _____ day of July, 2022.
Respectfully Submitted,
___________________________________
Ibrahim Mohammad Mustafa,
Plaintiff in
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