Key v. Johnston et al

Filing 47

ORDER signed by Magistrate Judge William E Duffin on 7/16/2021. The defendants' motion for summary judgment (ECF No. 33 ) is GRANTED. This case is DISMISSED. (cc: all counsel and mailed to pro se party)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
D’ANGELO O. KEY,
Plaintiff,
v.

Case No. 20-CV-751

CHANCE CASTEL, et al.,
Defendants.
ORDER
On April 13, 2021, the defendants filed a motion for summary judgment on
the merits. (ECF No. 33.) Key had until May 13, 2021, to respond to the defendants’
motion. When Key did not respond by that date, on June 1, 2021, the court issued
an order giving him until June 30, 2021, to file a response or explain why he is
unable to do so. (ECF No. 44.)
The June 30, 2021 deadline has passed, and Key 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.

IT IS THEREFORE ORDERED that the defendants’ motion for summary
judgment (ECF No. 33) is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED. 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).
A party is expected to closely review all applicable rules and determine what, if any,
further action is appropriate.

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Dated at Milwaukee, Wisconsin this 16th day of July, 2021.
BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge

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