Johnikin v. Omega Restaurant et al

Filing 9

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 7/9/2018. Case DISMISSED without prejudice under Civil L.R. 41(c) for failure to prosecute. (cc: all counsel, via mail to Eddie Johnikin at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
EDDIE L. JOHNIKIN,
Plaintiff,
v.

Case No. 18-cv-316-pp

OMEGA RESTAURANT, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
______________________________________________________________________________
The plaintiff, an inmate who is representing himself, filed this case in
March 2018. Dkt. No. 1. On March 28, 2018, the court received a request from
the plaintiff, asking the court to set aside his case for ninety days, dkt. no. 6,
which the court construed as a motion for an extension of time to file the
certified trust account statement that the Prisoner Litigation Reform Act
requires for proceeding without prepayment of the filing fee, dkt. no 8. The
court granted him more time, but also explained to the plaintiff that based on
some things he said in his complaint, it was possible that he did not have a
federal cause of action. Dkt. No. 8 at 2. Specifically, the complaint said that the
plaintiff was suing the defendants for battery “under state-law claims.” Dkt. No.
1 at 4. The plaintiff stated, “I’ll like to file my civil suit under state-law.” Id. at
3. The court gave the plaintiff the opportunity to amend his complaint, either to
allege federal causes of action or to name defendants who are not Wisconsin
residents. Dkt. No 8 at 3. The court’s order advised the plaintiff that if he
wanted to proceed with the case, he had to file the amended complaint and
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submit his six-month trust account statement by the end of the day on June
26, 2018. Id. The court told the plaintiff that if he failed to do either one of
those things by day’s end on June 26, 2018, the court would dismiss his case.
Id. at 4.
It is now July, and the plaintiff has not filed an amended complaint or
his trust account statement. As the court stated, it will dismiss his case
without prejudice for failure to prosecute. Civil L.R. 41(c) (E.D. Wis.)
The court ORDERS that this case is DISMISSED WITHOUT PREJUDICE
for failure to prosecute.
Dated in Milwaukee, Wisconsin this 9th day of July, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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