Jones v. Meisner et al

Filing 51

ORDER signed by Magistrate Judge William E Duffin on 1/10/2022 GRANTING 40 State Defendants' Motion for Partial Summary Judgment and GRANTING 47 Defendant Sara' Miller's Motion for Summary Judgment. Claims 3 and 4 and Sara Miller are DISMISSED without prejudice. (cc: all counsel and mailed to pro se Plaintiff)(lz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TYARRAL JONES,
Plaintiff,
v.

Case No. 20-CV-1074

ANGELA THOMPSON, et al.,
Defendants.
ORDER
On November 17, 2021, defendants Cindy Barter, William Borgen, Sheri
Klenke, Kira Labby, and Angela Thompson (State Defendants) filed a motion for
partial summary judgment on the ground that the pro se plaintiff, Tyarral Jones,
failed to exhaust his administrative remedies on two claims before filing this
lawsuit. (ECF No. 40.) That same day, defendant Sara Miller filed a motion for
summary judgment on the grounds that Jones failed to exhaust his administrative
remedies for all claims against her. (ECF No. 47.) Also on November 17, 2021, the
court issued a notice and order informing Jones that he had until December 17,
2021, to file a response to the defendants’ motions. (ECF No. 44.) The court
cautioned Jones that, if by that date he did not respond or file a letter explaining
why he was unable to do so, the court would accept all facts asserted by the
defendants as undisputed.

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The December 17, 2021 deadline has passed and Jones has not filed a
response. As such, the court will construe the motion as unopposed. The court has
reviewed the defendants’ motions, briefs in support, and the undisputed facts, see
Fed. R. Civ. P. 56(e)(2), and concludes that the State Defendants are entitled to
summary judgment on Claim 3 and Claim 4 and that Sara Miller is entitled to
summary judgment on all claims against her. Accordingly, the defendants’ motions
are granted, and the claims are dismissed without prejudice. See Chambers v. Sood,
959 F.3d 979, 984 (7th Cir. 2020) (“A premature lawsuit must be dismissed without
prejudice, and the prisoner must file a new suit after fully exhausting his
administrative remedies.”).
IT IS THEREFORE ORDERED that the State Defendants’ motion for
partial summary judgment (ECF No. 40) and Sara Miller’s motion for summary
judgment (ECF No. 27) are GRANTED.
IT IS FURTHER ORDERED that Claim 3, Claim 4, and Sara Miller are
DISMISSED without prejudice.

Dated at Milwaukee, Wisconsin this 10th day of January, 2022.
BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge
2

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