Spark Street property as his homestead and is not, therefore, permitted to claim a homestead exemption in it. The Order of the Bankruptcy Court is AFFIRMED. 1 . The Honorable Charles L. Nail, Jr., United States Bankruptcy Judge for the District of South Dakota. 2 . See Fed.RXiv.P. 12(d), made applicable here by Fed. R. Bankr.P. 7012. 3 . Id. 4 . Peter v. Wedl, 155 F.3d 992, 996 (8th Cir. 1998). 5 . Fed.R.Civ.P. 56(a), made applicable here by Fed. R. Bankr.P. 7056. 6 . City of Mt. Pleasant, Iowa v. Assoc. Elec. Cooperative, Inc., 838 F.2d 268, 273 (8th Cir. 1988) (citation, internal quotation marks, and brackets omitted). 7 . Dico, Inc. v. Amoco Oil Co., 340 F.3d 525, 529 (8th Cir.2003). See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (<HOLDING>); Brunsting v. Lutsen Mountains Corp., 601 F.3d
holding due to the moving partys failure to meet its initial burden the onus never passed to the nonmoving party to set forth specific facts showing that there is a genuine issue for trial  citation omitted holding that the nonmoving party must go beyond the pleadings to show that there is a genuine issue for trial holding that when the moving party submits a properly supported summary judgment motion the nonmoving party must produce affirmative evidence to demonstrate genuine issue of fact and may not rely simply on denials or allegations in pleadings holding that the nonmoving party may not rest upon mere allegation or denials of his pleading but must set forth specific facts showing that there is a genuine issue for trial holding that an adverse party must state specific facts showing there is a genuine issue of fact for trial