Waloway v. Meisner et al

Filing 28

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 6/28/2016. Case DISMISSED with prejudice for failure to prosecute. (cc: all counsel, via mail to Jason Waloway)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JASON WALOWAY,
Plaintiff,
-vs-

Case No. 15-CV-755

LORI DOEHLING and
GLORIA MARQUARDT,
Defendants.

ORDER
On April 21, 2016, the defendants filed a motion for summary
judgment. (ECF No. 20.) Pursuant to Civil L. R. 56(b)(2), the plaintiff’s
response was due May 21, 2016. The plaintiff failed to timely respond.
On June 6, 2016, the defendants filed a motion to dismiss based on
the plaintiff’s failure to prosecute his lawsuit. The Court gave the plaintiff
a final opportunity to respond to the defendants’ summary judgment
motion. It warned the plaintiff that if he did not respond by June 24, 2016,
it would grant the defendants’ motion to dismiss.
According to Court’s records, the plaintiff did not respond to the
defendants’ motion for summary judgment.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT the
defendants’ motion to dismiss for failure to prosecute (ECF No. 26) is

GRANTED. This case is DISMISSED WITH PREJUDICE. Judgment
will be entered accordingly.
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 Federal Rule of Appellate Procedure 3, 4. This Court may
extend this deadline if a party timely requests an extension and shows
good cause or excusable neglect for not being able to meet the 30-day
deadline. See Federal Rule of Appellate Procedure 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
Federal Rule of Civil Procedure 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 Federal Rule of Civil Procedure 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.
-2-

Dated at Milwaukee, Wisconsin, this 28th day of June, 2016.
BY THE COURT:

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

-3-