Green v. Schomich et al

Filing 12

ORDER signed by Chief Judge William C. Griesbach on 1/29/18. Magistrate Judge Joseph's 9 Report and Recommendation is ADOPTED and this case is DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff's 2 Motion for Leave to Proceed Without Prepayment of the Filing Fee is denied as moot. (cc: all counsel and via US Mail to Marquise Green)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MARQUISE GREEN,
Plaintiff,
v.

Case No. 17-C-1205

MARK SCHOMICH, et al.,
Defendants.

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE

On September 6, 2017, plaintiff Marquise Green, proceeding pro se, filed a civil complaint
alleging his civil rights were violated pursuant to 42 U.S.C. § 1983. Concurrently, he filed a motion
to proceed in forma pauperis. On September 26, 2017, Magistrate Judge Joseph ordered Green to
pay an initial partial filing fee of $12.85. On December 13, 2017, Magistrate Judge Joseph
recommended dismissing the complaint for failure to prosecute. On December 18, 2017, Green
asked for an extension of time to pay and claimed that his funds were low, but did not say what he
meant by “low funds” or explain why he was not able to pay $12.85 after some three months. The
court gave him until January 15, 2018, to pay his initial partial filing fee and warned again that
unexplained failure to pay would result in dismissal of this case.
To this date and despite multiple warnings, Green has not paid the partial filing fee, nor has
he offered an explanation for his continued failure to pay. See ECF Nos. 8, 9, and 11. Because I
interpret Green’s motion for an extension of time as an objection, I review Magistrate Judge
Joseph’s report and recommendation de novo. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739

(7th Cir. 1999). Upon review, I concur with Magistrate Judge Joseph’s recommendation that this
be dismissed for failure to prosecute.
IT IS THEREFORE ORDERED that Magistrate Judge Joseph’s report and
recommendation (ECF No. 9) is ADOPTED and this case is DISMISSED for failure to prosecute,
pursuant to Federal Rule of Civil Procedure 41(b).
IT IS FURTHER ORDERED that plaintiff’s motion to proceed in forma pauperis (ECF
No. 2) is DENIED AS MOOT.
Dated this 29th

day of January, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

2