King v. Schmaling et al

Filing 155

ORDER GRANTING 154 FIFTH Motion for Extension of Time to June 13, 2022 to respond to 121 and 132 , Motions for Summary Judgment, signed by Judge William C Griesbach on 05/13/2022. (cc: all counsel and mailed to King, pro se)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RYAN KING,
Plaintiff,
v.

Case No. 18-C-744

MELISSA A. GONZALEZ, et al.,
Defendants.
DECISION AND ORDER
Plaintiff Ryan King is currently serving a state prison sentence at Waupun Correctional
Institution and representing himself. On December 17, 2021, the Racine County Defendants and
the Medical Defendants filed motions for summary judgment. Dkt. Nos. 121, 132. King’s
institution initially refused to deliver the motions, so King did not receive County Defendants’
motion until mid-January, and he did not receive the Medical Defendants’ motion until earlyFebruary. Following notices from Defendants’ counsel about the non-delivery, the Court twice
extended King’s deadline to respond. On March 17, 2022, the Court extended King’s deadline a
third time, and on April 19, 2022, the Court extended King’s deadline a fourth time. The current
deadline for him to file his response materials is May 13, 2022. The Court informed King that the
response deadline would not be further extended “without a showing of extraordinary
circumstances.” Dkt. No. 153. The Court also explained that “[l]imited library time is not an
extraordinary circumstance.” Dkt. No. 151.
On May 12, 2022, King filed a motion seeking a fifth extension of his deadline to respond
to Defendants’ summary judgment motion. He states that, due to staffing shortages, he has had

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only sixteen hours of law library time. King fails to show extraordinary circumstances justifying
yet another extension of his response deadline. The issues in this case are straightforward, and
King has had the Defendants’ motions for more than three months. The County Defendants set
forth only twenty-four proposed findings of fact, and the Medical Defendants set forth only nine
proposed findings of fact. Dkt. Nos. 122, 135. As the Court previously explained to King,
summary judgment rises or falls on whether there is a genuine dispute of material fact. The Court
is familiar with the law and does not need King to explain the legal basis of his claim so much as
to indicate which facts asserted by Defendants are in dispute. King can do this without unlimited
library access.
The Court acknowledges that King is pro se and lacks legal experience, so it will grant him
one final extension. However, Defendants are entitled to a timely resolution of their motions, so
no further extensions will be granted. If King does not respond to Defendants’ motions by June
13, 2022, the Court will decide the motions without his input.
IT IS THEREFORE ORDERED that King’s motion for an extension of time (Dkt. No.
154) is GRANTED in part. The Court must receive King’s materials in response to Defendants’
motions for summary judgment by June 13, 2022. No further extensions of this deadline will be
granted. If King does not timely respond to the motions, the Court will decide the motions without
his input and may grant the motions as a sanction for his failure to comply with Civil L. R. 56. See
Civil L. R. 56(b)(9).
Dated at Green Bay, Wisconsin this 13th day of May, 2022.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

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