McMorris v. Waterman et al

Filing 25

ORDER signed by Judge J.P. Stadtmueller on 8/18/2017: ADOPTING 23 Magistrate Judge David E. Jones' Report and Recommendations; DISMISSING action pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) for failure to state a claim; DIR ECTING Clerk of Court to document that this inmate has incurred a "strike" under 28 U.S.C. § 1915(g); and CERTIFYING that any appeal from this matter would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) unless Plaintiff offers bona fide arguments supporting his appeal. (cc: all counsel, via mail to Ryan McMorris and Warden at Fox Lake Correctional Institution)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RYAN MCMORRIS,
Plaintiff,

v.

J. WATERMAN, J. LABELLE, R.N.
EDGE, R.N. WOODS, and DENISE
STELPFLUG,

Case No. 16-CV-1417-JPS

ORDER

Defendants.
Plaintiff, who is incarcerated at the Fox Lake Correctional Facility,
filed a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights
were violated. (Docket #1). He consented to the jurisdiction of Magistrate
Judge David E. Jones, who screened his complaint pursuant to 28 U.S.C. §
1915A and dismissed it. (Docket #9). On July 28, 2017, Judge Jones vacated
that dismissal in light of Coleman v. Labor and Industry Review Commission of
the State of Wisconsin, 860 F.3d 461 (7th Cir. 2017), in which the Court of
Appeals held that magistrate judges may not dispose of claims in cases like
this one, where only one side has consented to the magistrate’s jurisdiction.
(Docket #22).
That same day, Judge Jones reissued his earlier screening order as a
report and recommendation to this Court, recommending that Plaintiff’s
complaint be dismissed for failure to state a claim upon which relief may
be granted. (Docket #23 at 7). In the recommendation, Judge Jones warned
Plaintiff that he must file written objections within fourteen days. Id. Failure
to do so, he warned, would waive Plaintiff’s right to appeal the

recommendation. Id.; see also 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2);
Civ. L. R. 72(c)(2) (E.D. Wis.); Thomas v. Arn, 474 U.S. 140, 155 (1985).
As of the date of this Order, Plaintiff has filed nothing in response to
Judge Jones’ report and recommendation. Having independently reviewed
the recommendation and having received no timely objection thereto, the
Court will adopt it in full.
Accordingly,
IT IS ORDERED that Magistrate Judge David E. Jones’ Report and
Recommendation (Docket #23) be and the same is hereby ADOPTED;
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1)
for failure to state a claim;
IT IS FURTHER ORDERED that the Clerk of Court document that
this inmate has incurred a “strike” under 28 U.S.C. § 1915(g);
IT IS FURTHER ORDERED that a copy of this order be sent to the
officer in charge of the agency where the inmate is confined; and
THE COURT FURTHER CERTIFIES that any appeal from this
matter would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3)
unless Plaintiff offers bona fide arguments supporting his appeal.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 18th day of August, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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