Mims v. Grifols et al

Filing 6

ORDER signed by Judge J.P. Stadtmueller on 8/6/2018: ADOPTING 5 Magistrate Judge William E. Duffin's Report and Recommendation and DISMISSING CASE with prejudice. (cc: all counsel, via mail to Kevin Gerard Mims)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KEVIN GERARD MIMS,
Plaintiff,

Case No. 18-CV-866-JPS-JPS

v.
GRIFOLS, DAVID IAN BELL, DONA
FEEK, and SHINJI WADE,

ORDER

Defendants.
On June 11, 2018, Magistrate Judge William E. Duffin granted
Plaintiff’s motion for leave to proceed in forma pauperis. (Docket #4).
Magistrate Duffin then screened Plaintiff’s complaint pursuant to 28 U.S.C.
§ 1915, which requires the court to determine whether a complaint filed in
forma pauperis is legally sufficient to proceed. Id. Finding no viable claim for
relief in Plaintiff’s allegations as pleaded, Magistrate Duffin ordered that
Plaintiff file an amended complaint by July 6, 2018. Id. at 4–7. He warned
Plaintiff that failure to file an amended complaint would result in dismissal
of this action. Id. at 6. To date, Plaintiff has not filed an amended complaint.
Therefore,

on July

16,

2018,

Magistrate

Duffin issued

a

recommendation to this Court that Plaintiff’s complaint be dismissed.
(Docket #5). The time for objecting to the recommendation has passed and
none has been received. See Fed. R. Civ. P. 72; Gen. L. R. 72(c). The Court
has considered the recommendation and, in light of its agreement with
Magistrate Duffin’s analysis and without objection from Plaintiff, will
adopt it.

Accordingly,
IT IS ORDERED that Magistrate Judge William E. Duffin’s report
and recommendation (Docket #5) be and the same is hereby ADOPTED;
and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 6th day of August, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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