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

Filing 54

ORDER signed by Judge Lynn Adelman on 12/4/12 that this action be DISMISSED WITH PREJUDICE for lack of prosecution effective Wednesday, December 26, 2012, unless prior to that date plaintiff responds to defendants motion. (cc: all counsel, via USPS to plaintiff)(dm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ORBIN B. HARRIS, Plaintiff, v. Case No. 11-CV-872 SUPERINTENDENT MILWAUKEE COUNTY CORRECTIONAL FACILITY - SOUTH, D. SALSBURY, and DAVID A. CLARKE, JR., Defendants. ORDER Defendants filed a motion for summary judgment on September 25, 2012. In an order entered October 9, 2012, I granted plaintiff’s motion for extension of time and directed plaintiff to file his response to defendants’ motion for summary judgment on or before November 30, 2012. A review of the docket reveals that plaintiff has not filed a response. Therefore, IT IS ORDERED that this action be DISMISSED WITH PREJUDICE for lack of prosecution effective Wednesday, December 26, 2012, pursuant to Civil Local Rule 41(c) (E.D. Wis.) (copy attached) and Federal Rule of Civil Procedure 41(b), unless prior to that date plaintiff responds to defendants’ motion or establishes just cause for his failure to respond. Dated at Milwaukee, Wisconsin, this 4th day of December, 2012. s/ Lynn Adelman LYNN ADELMAN District Judge Civil Local Rule 41(c) Dismissal for Lack of Diligence Whenever it appears to the Court that the plaintiff is not diligently prosecuting the action, the Court may enter an order of dismissal with or without prejudice. Any affected party may petition for reinstatement of the action within 21 days. 2

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