Harris v. Superintendent Milwaukee County Correctional Facility-South et al

Filing 49

ORDER signed by Judge Lynn Adelman on 9/24/12 denying 46 Motion for Summary Judgment. Defendants may refile their motion and provide plaintiff with the proper notice required by Civil Local Rule 56(a) on or before Monday, 10/1/12. Defendants need not refile the documents in support of the motion. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ORBIN B. HARRIS,
Plaintiff,
v.

Case No. 11-CV-00872

D. SALSBURY,
DAVID A. CLARKE, JR., and
RODNEY K. MALONE,
Defendants,

ORDER
Defendants have a motion for summary judgment. However, the motion does not
provide the proper notice required for cases with pro se plaintiffs. See Civil L.R. 56(a)
(E.D. Wis.). The Civil Local Rules were amended November 19, 2010. Although
defendants’ motions appear to comply with and reference the old rules, they have provided
the text of the local rules that have been modified and renumbered. They have also
provided the wrong subsections of Federal Rule of Civil Procedure 56, which has been
extensively edited.
THEREFORE, IT IS ORDERED that defendants’ motion for summary judgment
[DOCKET #46] is DENIED.
IT IS FURTHER ORDERED that on or before Monday, October 1, 2012,
defendants may refile their motion and provide plaintiff with the proper notice required by
Civil Local Rule 56(a). Defendants need not refile the documents in support of the motion.
Dated at Milwaukee, Wisconsin, this 24th day of September, 2012.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge