2district court’s grant of summary judgment in a Section 2255 case, where the trial court found“contentions to be ‘entirely conjectural and unsupported by anything in the record.’);, 91 F.3d 767, 768 (5th Cir., 1996) (affirming district court’s grant of summary judgment in a case, quoting Fed. R. Civ. Proc. 56).The Fifth Circuit has recently reiterated the standard for summary judgment as follows:A court “shall grant summary judgment if the movant shows that there is nogenuine dispute as to any material fact and the movant is entitled to judgment as amatter of law.’ An issue as to a material fact is genuine “if the evidence is suchthat a reasonable jury could return a verdict for the nonmoving party.” [TheCourt should] consider all evidence “in the light most favorable to the partyresisting the motion.”., --- F.3d ----, 2000 WL 35832322, *3 (5th Cir.,2011) (quoting Fed.R.Civ.Proc. 56(a), citing , 477 U.S. 317, 322-23,(1986), quoting ., 477 U.S. 242, 248 (1986), and quoting., 701 F.2d 397, 407 (5th Cir.1983)). A party may prevail on summary judgment, even if he bears the ultimate burden of proof., 41 F.3d 1018, 1023-24 (5
Cir., 1995) (affirming summary judgment for plaintiff);, Slip Copy, 2011 WL 72198, *1 (5
Cir., 2011)(defendant prevailed on summary judgment on affirmative defense); , Slip Copy, 2010 WL 4272680 (5
Cir.,2010)(same).If the Government opposes the Motion by alleging that the material facts are genuinelydisputed, then it must support the assertion by:citing to particular parts of materials in the record, including depositions,documents, electronically stored information, affidavits or declarations,stipulations (including those made for purposes of the motion only), admissions,interrogatory answers, or other materials.
Jimenez v.Trominskicoram nobisSeacor Holdings, Inc. v. Commonwealth Ins. CoCelotex Corp. v. CatrettAnderson v. Liberty Lobby, Inc Trevinov. Celanese CorpSee e.g., Resolution Trust Corp. v.Starkey Tuftv. TexasLane v. Doe