McDougal v. Montoya et al
DECISION AND ORDER signed by Judge Brett Ludwig on 2/17/21 GRANTING 90 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Samantha Markwardt and 93 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Brandon Decker. Claims against Brandon Decker and Samantha Markwardt dismissed without prejudice. (cc: all counsel and mailed to pro se party) (MP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FREDDIE JAMES MCDOUGAL, JR.,
Case No. 18-cv-1218-bhl
JANINE MONTOYA, et al.,
DECISION AND ORDER
On January 8, 2021, Defendant Samantha Markwardt filed a motion for summary judgment
on the ground that Plaintiff Freddie James McDougal failed to exhaust the available administrative
remedies before he initiated this lawsuit. Dkt. No. 90. That same day, Defendant Brandon Decker,
who is represented by separate counsel, moved for summary judgment on the same ground. Dkt.
No. 93. On January 11, 2021, the Court informed McDougal that his response materials were due
on February 8, 2021, and warned him that failure to respond to the motions was sufficient cause
for the Court to grant the motions. Dkt. No. 99. The February 8 deadline has come and gone, and
McDougal did not oppose Markwardt or Decker’s motions for summary judgment. Accordingly,
pursuant to Civil L.R. 7(d), the Court will grant the motions and dismiss McDougal’s claims
against Markwardt and Decker.
This decision does not impact McDougal’s claims against Defendants Janine Montoya,
Amanda Deberry, and Monique Penn.
IT IS THEREFORE ORDERED that Markwardt’s motion for summary judgment for
failure to exhaust administrative remedies (Dkt. No. 90) is GRANTED.
Case 2:18-cv-01218-BHL Filed 02/17/21 Page 1 of 2 Document 102
IT IS FURTHER ORDERED that Decker’s motion for summary judgment for failure to
exhaust administrative remedies (Dkt. No. 93) is GRANTED.
IT IS FURTHER ORDERED that McDougal’s claims against Markwardt and Decker
are DISMISSED without prejudice.
Dated at Milwaukee, Wisconsin this 17th day of February, 2021.
BY THE COURT:
s/ Brett H. Ludwig
BRETT H. LUDWIG
United States District Judge
Case 2:18-cv-01218-BHL Filed 02/17/21 Page 2 of 2 Document 102
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?