Medley et al v. Housing Authority of City of Milwaukee WI et al

Filing 25

ORDER signed by Judge J.P. Stadtmueller on 8/17/2017: ADOPTING 20 Magistrate Judge David E. Jones' Report and Recommendations and DISMISSING Defendant Sharonne Y. Frier from this action. Clerk of Court DIRECTED to return this case to Magistrate Judge David E. Jones given remaining parties' consent. (cc: all counsel, via mail to Anne L. Medley)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANNE L. MEDLEY,
Plaintiff,

v.

HOUSING AUTHORITY OF CITY OF
MILWAUKEE, WISCONSIN and
SHARONNE Y. FRIER,

Case No. 16-CV-1712-JPS-JPS

ORDER

Defendants.
On December 28, 2016, Plaintiff filed this action pro se, and the matter
was assigned to Magistrate Judge David E. Jones. (Docket #1). Defendant
Housing Authority of the City of Milwaukee, Wisconsin has entered an
appearance in this action, but Defendant Sharonne Y. Frier (“Frier”) has not.
On June 26, 2017, Magistrate Jones directed Plaintiff to provide evidence of
service on Frier. When she failed to do so, Magistrate Jones issued a report
and recommendation to this Court that Frier be dismissed from this action.
(Docket #20); Coleman v. Labor & Indus. Review Comm’n, No. 15-3254, 2017
U.S. App. LEXIS 10721, at *1–2 (7th Cir. 2017) (a district judge is required to
actually dismiss a defendant without full consent to magistrate judge
jurisdiction from all parties). Magistrate Jones’ recommendation was issued
on August 1, 2017. Id.
Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), Fed. R. Civ. P. 72(b)(2),
and E.D. Wis. Gen. L. R. 72(c), any written objections to that
recommendation, or any part thereof, were to be filed within fourteen days
of the date of service of the recommendation. To date, no party has filed

such an objection. The Court has considered Magistrate Jones’
recommendation and, having received no objection thereto, will adopt it.1
Accordingly,
IT IS ORDERED that Magistrate Judge David E. Jones’ report and
recommendation (Docket #20) be and the same is hereby ADOPTED; and
IT IS FURTHER ORDERED that Defendant Sharonne Y. Frier be
and the same is hereby DISMISSED from this action.
The Clerk of the Court is directed to return this case to Magistrate
Judge David E. Jones given that consent to proceed before a magistrate
judge has been received by all remaining parties.
Dated at Milwaukee, Wisconsin, this 17th day of August, 2017.
BY THE COURT:

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

Since Magistrate Jones issued his recommendation, Plaintiff has made two
submissions. The first, from August 2, 2017, is a receipt of Plaintiff’s payment for
process service by “Southeast Wisc. Process.” (Docket #21). The second, filed on
August 10, 2017 is a return of service for various documents, including a minute
sheet for a hearing Plaintiff participated in before Magistrate Jones on June 20,
2017. (Docket #24 and #24-1 at 1-2). However, the summons and complaint
Magistrate Jones directed Plaintiff to serve were not included in that service
packet. See generally (Docket #24-1). Thus, not only did Plaintiff fail to file an
objection to Magistrate Jones’ recommendation, she has still not offered evidence
of proper service on Frier.
1

Page 2 of 2