Holland v. Milwaukee County et al

Filing 26

DECISION AND ORDER signed by Magistrate Judge Nancy Joseph. IT IS ORDERED that this case is DISMISSED WITH PREJUDICE based on Holland's failure to diligently prosecute it. (cc: all counsel, plaintiff)(asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TIEDRICE HOLLAND,
Plaintiff,
v.

Case No. 17-cv-785

GREGG MILIACCA, et al.,
Defendants.

DECISION AND ORDER DISMISSING CASE WITH PREJUDICE
On April 3, 2018, I ordered Holland to inform the court in writing of his intention
with regard to litigating this case and to respond to defendants’ discovery requests by April
20, 2018. I cautioned him that, if he did not comply with my order, I would dismiss his case
with prejudice based on his failure to diligently prosecute it. See Civil L.R. 41(c).
To date, Holland has not notified the court of his intentions, and, according to
defendants, he did not respond to their discovery requests (Docket # 25). Accordingly, I
infer that he no longer wishes to continue prosecuting this case.
THEREFORE, IT IS ORDERED that this case is DISMISSED WITH
PREJUDICE based on Holland’s failure to diligently prosecute it. The clerk’s office will
enter judgment 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 Fed. R. of App. P. 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 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 25th day of April, 2018.
BY THE COURT:
s/Nancy Joseph ____________
NANCY JOSEPH
United States Magistrate Judge

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