Hewing et al v. State of Wisconsin et al

Filing 44

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 9/18/2017. Plaintiff's case DISMISSED with prejudice for lack of diligent prosecution. (cc: all counsel, via mail to Marqueal Hewing at Columbia Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MARQUEAL HEWING,
Plaintiff,
v.

Case No. 15-cv-753-pp

THOMAS OZELIE,
ALLAN TENHAKEN, and
JOHN DOES 1-3,
Defendants.

ORDER
On August 14, 2017, the court issued an order telling the plaintiff that if
he wanted to oppose the defendants' motion to dismiss/motion for summary
judgment, he must file his opposition brief in time for the court to receive it by
Friday, September 15, 2017. Dkt. No. 43. The court told the plaintiff that if it
did not receive his opposition brief by that date, the court would dismiss his
case on the next business day, without further notice or hearing. That deadline
has passed, and the court has not received the plaintiff's response to the
motion. The court ORDERS that this case is DISMISSED WITH PREJUDICE,
effective immediately.
This order and the judgment to follow are final. A dissatisfied party may
appeal this court’s decision to the Court of Appeals for the Seventh Circuit by
filing in this court a notice of appeal within 30 days of the entry of judgment.
See Fed. R. App. P. 3, 4. This court may extend this deadline if a party timely
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requests an extension and shows good cause or excusable neglect for not being
able to meet the 30-day deadline. See Fed. R. App. P. 4(a)(5)(A).
Under certain circumstances, a party may ask this court to alter or
amend its judgment under Federal Rule of Civil Procedure 59(e) or ask for relief
from judgment under Federal Rule of Civil Procedure 60(b). Any motion under
Federal Rule of Civil Procedure 59(e) must be filed within 28 days of the entry
of judgment. The court cannot extend this deadline. See Fed. R. Civ. P. 6(b)(2).
Any motion under Federal Rule of Civil Procedure 60(b) must be filed within a
reasonable time, generally no more than one year after the entry of the
judgment. The court cannot extend this deadline. See Fed. R. Civ. P. 6(b)(2).
A party is expected to closely review all applicable rules and determine,
what, if any, further action is appropriate in a case.
Dated in Milwaukee, Wisconsin this 18th day of September, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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