Riley v. Franke et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 7/24/2017 DISMISSING action without prejudice for Plaintiff's failure to prosecute. (cc: all counsel, via mail to Shawn Riley at Wisconsin Secure Program Facility)(jm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN SHAWN RILEY, Plaintiff, v. Case No. 17-CV-891-JPS C.O. FRANKE, LT. CAMPBELL, CAPTAIN SCHULTZ, SGT. FRANCOIS, CATHY FRANCOIS, NURSE VAN VERKINTER, NURSE TREMEL, and JANE DOE, ORDER Defendants. Plaintiff, who is incarcerated at the Wisconsin Secure Program Facility, filed a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated. (Docket #1). On June 29, 2017, the Court ordered Plaintiff to pay an initial partial filing fee of $13.49, pursuant to 28 U.S.C. § 1915(b)(1), no later than July 20, 2017. (Docket #6). In the June 29 order, the Court cautioned that failure to pay the filing fee or otherwise respond would result in dismissal of this action without prejudice. See Civ. L. R. 41(c). The July 20 deadline has passed and, to date, Plaintiff has not paid the initial partial filing fee nor communicated with the Court, other than to file a refusal to the jurisdiction of the assigned magistrate judge and file a motion for appointment of counsel. See (Docket #7, #8). Because he has not complied with the Court’s June 29 order, this action will be dismissed without prejudice for Plaintiff’s failure to prosecute the same Accordingly, IT IS ORDERED that this action be and the same is hereby DISMISSED without prejudice for Plaintiff’s failure to prosecute. The Clerk of the Court is directed to enter judgment accordingly. Dated at Milwaukee, Wisconsin, this 24th day of July, 2017. BY THE COURT: J.P. Stadtmueller U.S. District Judge 2

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