Bowers v. Abele et al
ORDER DISMISSING CASE signed by Judge Pamela Pepper on 7/21/2017. Case DISMISSED for lack of diligence under Civil L.R. 41(c). Plaintiff may petition for reinstatement within 21 days. (cc: all counsel, via mail to David Elijah Bowers)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID ELIJAH BOWERS, JR.,
Case No. 17-cv-805-pp
CHRIS ABELE AND EDWARD A. FLYNN,
ORDER DISMISSING CASE FOR LACK OF DILIGENCE UNDER CIVIL LOCAL
On June 7, 2017 plaintiff David Elijah Bowers, Jr. filed a handwritten
document captioned “BASIC COMPLAINT FOR THE OFFICE OF HUMAN RIGHT
PROTOCOL.” Dkt. No. 1. In this document, the plaintiff alleged that a
Milwaukee Police Officer illegally picked him up at a family member’s house
and drove him to the Milwaukee County Behavioral Health Division, where he
was falsely imprisoned following a “high speed pursuit.” Id. at ¶¶1-2. He argued
that this constituted false imprisonment in violation of the “slave clause of the
Thirteenth Amendment Right of the United States Constitution.” Id. at ¶2. The
plaintiff further alleged that the state employees “constantly burn him, and
exercise illegal sexual misconduct within the spirit of the mind from moon
satellite.” Id. at ¶3.
On the same day that the plaintiff filed this document, the clerk’s office
sent him a letter, directing that, within twenty-one days, the plaintiff either pay
the $400 filing fee or file a motion to proceed without prepaying the full filing
fee. Dkt. No. 2. The post office returned the letter to the clerk’s office as
undeliverable. To date, the plaintiff has not provided the court with a
forwarding address1, paid the filing fee or filed a request to proceed without
prepaying the full filing fee. The plaintiff has filed a number of cases with this
court, and is aware of how to file a motion to proceed without paying the filing
fee. See Bowers v. Pollard, Case Nos. 07-cv-001-wcg (E.D. Wis.); Bowers v.
Husz, Case No. 08-cv-197-wcg (E.D. Wis.); Bowers v. McGinnis, Case No. 08cv-888-wcg (E.D. Wis.); Bowers v. Pollard, Case No. 09-cv-172-wcg (E.D. Wis.);
Bowers v. Nickel, Case No. 09-cv-276 (E.D. Wis.); Bowers v. Bartow, Case No.
15-cv-1197-wcg (E.D. Wis.); Bowers v. Thurmer, Case No. 10-cv-63-jps (E.D.
Wis.); Bowers v. Foster, 16-cv-331 (E.D. Wis.); and Bowers v. Lundquist, Case
No. 16-cv-1141-la (E.D. Wis.).
At the time the plaintiff filed his document on June 7, 2017, the case was
assigned to Magistrate Judge David Jones. On July 10, 2017, the clerk’s office
reassigned the case to this court, because the plaintiff had not timely filed a
consent form. The plaintiff’s failure to either pay the filing fee or file a motion to
proceed without doing so, his failure to provide a forwarding address, and his
failure to timely file the consent for violate the General Local Rules 3(a)(1) and
5(a)(3) and Civil Local Rule 9(b). They also demonstrate that the plaintiff is not
diligently prosecuting this case. Civil Local Rule 41(c) provides that a court may
The plaintiff has provided his forwarding address in previous litigation. See
Bowers v. Lundquist, Case No. 16-cv-1141-la, dkt. no. 11.
dismiss a case without prejudice if it appears that the plaintiff is not diligently
The court ORDERS that this case is DISMISSED WITHOUT PREJUDICE
under General Local Rule 41(c). The plaintiff may petition for reinstatement
within twenty-one (21) days of the date of this order.
Dated in Milwaukee, Wisconsin this 21st day of July, 2017.
BY THE COURT:
HON. PAMELA PEPPER
United States District Judge
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