Thomas v. Morris et al

Filing 37

ORDER signed by Judge Rudolph T. Randa on 6/20/2016. Effective 7/15/2016, action will be DISMISSED with prejudice for lack of prosecution pursuant to Civil L.R. 41(c) and FRCP 41(b) unless prior to that date plaintiff responds to defendants' motions or establishes just cause for failure to do so. (cc: all counsel, via mail to Elijah Thomas at 186 E. Johnson St., Apt. 1, Fond du Lac, WI 54935)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ELIJAH G. THOMAS,
Plaintiff,
-vs-

Case No. 15-CV-348

BRANDEE MORRIS, RYAN WALDINSCHMIDT,
MARY STEBURG, DONNA HARRIS,
and ERIC GROSS,
Defendants.

DECISION AND ORDER
On May 11, 2016, defendants Gross, Harris, and Morris filed a
motion for summary judgment. (ECF No. 24.) Court records indicate that
copies of the motion and supporting brief were mailed to the plaintiff at
457 Thomas Street, Fond du Lac, Wisconsin, 54935, on May 11, 2016.
(ECF No. 24-1.)

Under the applicable procedural rules, the plaintiff’s

response to that motion should have been filed on or before June 10, 2016.
In

addition,

on

May

11,

2016,

defendants

Steburg

and

Waldinschmidt filed a motion for summary judgment. (ECF No. 35.) Court
records indicate that copies of the motion and supporting brief were mailed
to the plaintiff at 186 East Johnson Street, Apt. 1, Fond du Lac, Wisconsin,
54935. (ECF No. 36.) Under the applicable procedure rules, the plaintiff’s
response to that motion should have been filed on or before June 10, 2016.

Briefing schedules are set forth in Civil Local Rules 7 and 56 (E.D.
Wis.).

Parties are expected to comply with the procedures and dates

specified in the rule without involvement of the court. Court records show
that the plaintiff did not file any response to the defendants’ motion. In
addition, the plaintiff has not kept the parties or the Court informed of his
current address, as required. 1 Therefore,
IT IS ORDERED that this action be dismissed with prejudice for
lack of prosecution effective July 15, 2016, pursuant to Civil Local Rule
41(c) (E.D. Wis.) (copy enclosed) and Federal Rule of Civil Procedure 41(b),
unless prior to that date the plaintiff responds to the defendants’ motions
or establishes just cause for his failure to respond to said motions as
required.
Dated at Milwaukee, Wisconsin, this 20th day of June, 2016.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

The plaintiff was confined at the Fond du Lac County Jail when he filed this
lawsuit. At some point, he was released to 457 Thomas Street, Fond du Lac, Wisconsin,
54935. Wisconsin Department of Corrections online records reveal that the plaintiff
now resides at 186 E. Johnson Street, Apt. 1, Fond du Lac, Wisconsin, 54935. The
plaintiff did not notify the Court of his new address(es).
1

-2-

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, and Civil L. R. 41(a) or (b) does not apply, 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.

-3-