Daul v. Doe

Filing 111

REPORT AND RECOMMENDATIONS signed by Magistrate Judge William E Duffin on 7/9/2019. IT IS THEREFORE RECOMMENDED that the defendants' motion forsummary judgment (ECF No. 94 ) be GRANTED based on Daul's failure to opposethe motion and based on his failure to diligently pursue his case. IT IS FURTHER RECOMMENDED that this case be DISMISSED and that judgment be entered accordingly. Case no longer referred to Magistrate Judge William E Duffin. (cc: all counsel, plaintiff)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JESSE AARON DAUL,
Plaintiff,
v.

Case No. 17-CV-952

CHRIS DELFOSSE, et al.,
Defendants.

REPORT AND RECOMMENDATION

Plaintiff Jesse Aaron Daul is proceeding against the defendants on claims
arising under the Eighth Amendment. On May 28, 2019, the defendants moved for
summary judgment. The defendants included with their motion a copy of Civil L.R.
56, which requires a party opposing a motion for summary judgment to file his
response materials within thirty days of service of the motion. (ECF No. 94 at 10.)
They also included a copy of Civil L.R. 7, which informs parties that the sanction for
failing to file a memorandum in opposition to a motion is sufficient cause for the court
to grant the motion. (Id. at 6.)
Under the rules, Daul’s response materials were due on June 27, 2019. Daul
did not respond to the defendants’ motion for summary judgment, nor did he ask the
court for an extension of the deadline to respond.

IT IS THEREFORE RECOMMENDED that the defendants’ motion for
summary judgment (ECF No. 94) be GRANTED based on Daul’s failure to oppose
the motion and based on his failure to diligently pursue his case.
IT IS FURTHER RECOMMENDED that this case be DISMISSED and that
judgment be entered accordingly.
Daul’s attention is directed to 28 U.S.C. § 636(b)(1)(B) and (C) and Fed. R. Civ.
P. 72(b)(2), which allow Daul to file written objections to the court’s recommendation
within fourteen days of service of the recommendation. Daul’s failure to timely file
objections with the district court shall result in a waiver of his right to appeal.
Dated in Milwaukee, Wisconsin this 9th day of July, 2019.

WILLIAM E. DUFFIN
U.S. Magistrate Judge

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