Jiles v. Hoerl et al

Filing 71

ORDER signed by Magistrate Judge Nancy Joseph. IT IS THEREFORE ORDERED that the defendants' motion for summary judgment (ECF No. 58 ) is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice. (cc: all counsel and mailed to pro se party)(asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOSEPH F. JILES,
Plaintiff,
v.

Case No. 19-CV-1111

DR. SARAH HOERL et al.,
Defendants.
ORDER
On May 18, 2021, the defendants filed a motion for summary judgment on
the merits. (ECF No. 58.) On May 19, 2021, the court issued an order notifying pro
se plaintiff Joseph F. Jiles that he had until June 21, 2021 to file a response to the
defendants’ motion for summary judgment. (ECF No. 70.) The court warned Jiles
that if he failed to file a response or ask for more time to file a response, the court
would accept all facts asserted by the defendants as undisputed, which would likely
result in summary judgment being granted in the defendants’ favor and the case
being dismissed.
The June 21, 2021 deadline has passed, and Jiles still has not filed a
response. As such, the court will construe the motion as unopposed. The court has
reviewed the defendants’ motion, brief in support, and the undisputed facts, see Fed.
R. Civ. P. 56(e)(2), and concludes that the defendants are entitled to summary

judgment on the merits. Accordingly, the defendants’ motion is granted, and the
case is dismissed with prejudice.
IT IS THEREFORE ORDERED that the defendants’ motion for summary
judgment (ECF No. 58) is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED with
prejudice. The Clerk of Court will enter judgment accordingly.
This order and the judgment to follow are final. A dissatisfied party may
appeal this court’s decision to the Court of Appeals for the Seventh Circuit by filing
in this court a notice of appeal within 30 days of the entry of judgment. See Federal
Rule of Appellate Procedure 3, 4. This court may extend this deadline if a party
timely requests an extension and shows good cause or excusable neglect for not
being able to meet the 30-day deadline. See Federal Rule of Appellate Procedure
4(a)(5)(A).
Under certain circumstances, a party may ask this court to alter or amend its
judgment under Federal Rule of Civil Procedure 59(e) or ask for relief from
judgment under Federal Rule of Civil Procedure 60(b). Any motion under Federal
Rule of Civil Procedure 59(e) must be filed within 28 days of the entry of judgment.
The court cannot extend this deadline. See Federal Rule of Civil Procedure 6(b)(2).
Any motion under Federal Rule of Civil Procedure 60(b) must be filed within a
reasonable time, generally no more than one year after the entry of the judgment.
The court cannot extend this deadline. See Federal Rule of Civil Procedure 6(b)(2).

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A party is expected to closely review all applicable rules and determine what,
if any, further action is appropriate.

Dated at Milwaukee, Wisconsin this 15th day of July, 2021.
BY THE COURT:

NANCY JOSEPH
United States Magistrate Judge

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