Brown v. Milwaukee County Public Defenders Office et al

Filing 32

ORDER signed by Judge Pamela Pepper on 7/13/2017 DENYING 31 Plaintiff's Motion to Alter Judgment. (cc: all counsel, via mail to Ennis Brown at Waupun Correctional Institution) (cb)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ ENNIS LEE BROWN, Plaintiff, v. Case No. 16-cv-632-pp MILWAUKEE COUNTY PUBLIC DEFENDERS OFFICE, MARK ROSEN, JEREMY PERRI, MARIA STEPHENSON, KELLI THOMPSON, JOSEPH E. EHMANN, AND JANE/JOHN DOE, Defendants. ______________________________________________________________________________ ORDER DENYING AS MOOT PLAINTIFF’S MOTION TO ALTER JUDGMENT (DKT. NO. 31) ______________________________________________________________________________ On July 18, 2016, the court screened the plaintiff’s complaint under 28 U.S.C. §1915A and dismissed the case without prejudice. Dkt. No. 8. The court approved entry of the judgment on July 19, 2016. Dkt. No. 9.1 On July 10, 2017, the plaintiff filed a motion to correct the judgment of the district court. Dkt. No. 31. He contends that this court erred when it imposed a “strike” (see 28 U.S.C. §1915(g)) on him when it dismissed his complaint and entered judgment. Dkt. No. 31 at 2. This court, however, did not impose a strike. See Dkt. Nos. 8, 9. The Seventh Circuit—the appellate court—imposed a strike in its April 20, 2017 decision. Dkt. No. 30. This court cannot remove that strike— The plaintiff appealed, and on April 20, 2017, the Court of Appeals for the Seventh Circuit affirmed this court’s rejection of the plaintiff’s argument concerning representation on appeal. See Brown v. Wisconsin State Public Defender’s Office, 854 F.3d 916 (7th Cir. 2017). The court of appeals issued the mandate on May 18, 2017. Dkt. No. 30. 1 1 the plaintiff must ask the Seventh Circuit to remove the strike that it imposed. The court will deny the plaintiff’s motion. The court DENIES the plaintiff’s motion to alter judgment. Dkt. No. 31. Dated at Milwaukee, Wisconsin this 13th day of July, 2017. BY THE COURT: ________________________________________ HON. PAMELA PEPPER United States District Judge 2

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