Sanders v. Supervisor Tammy et al

Filing 29

ORDER signed by Magistrate Judge William E Duffin on 6/27/2022. The defendants' motion to enforce the show cause order (ECF No. 28 ) is GRANTED. This case is DISMISSED. The clerk of court will enter judgment accordingly. (cc: all counsel and mailed to pro se party)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
NOAH M. SANDERS,
Plaintiff,
v.

Case No. 20-CV-925

TAMRA WOLLIN,
Defendant.
ORDER
When the defendant did not move for summary judgment, the court set a status
conference for April 18, 2022, to discuss further scheduling. The court sent notice of
the hearing to plaintiff Noah M. Sanders at Green Bay Correctional Institution. When
the notice was returned as undeliverable, the court discovered that Sanders had been
released in October 2021 and had an unidentified person send in a letter updating
his address. (ECF No. 14.) The court rescheduled the hearing for June 1, 2022, and
sent notice of the rescheduled hearing to Sanders at the updated address, enclosing
a docket report and all documents filed since October 2021. (ECF No. 24.)
Sanders failed to appear at the June 1, 2022, hearing. Before dismissing the
case, the court ordered Sanders to file a letter by June 23, 2022, stating whether he
is still interested in pursuing this case. (ECF No. 27.) The court warned Sanders that,
if he failed to file a letter by that date, the court would dismiss his case for lack of
prosecution.

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The June 23, 2022, deadline has passed, and Sanders has not filed a letter
indicating that he wishes to continue with this lawsuit. The defendants have filed a
motion to enforce the court’s show cause order. (ECF No. 28.) The defendants’ motion
is granted, and this case is dismissed for failure to prosecute. See Civil L.R. 41(c).
IT IS THEREFORE ORDERED that the defendants’ motion to enforce the
show cause order (ECF No. 28) 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).
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A party is expected to closely review all applicable rules and determine what,
if any, further action is appropriate.

Dated in Milwaukee, Wisconsin this 27th day of June, 2022.

BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge

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