Smith v. Fuchs et al

Filing 21

ORDER signed by Magistrate Judge William E Duffin on 4/26/2021. This case is DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) because the complaint fails to state a claim. (cc: all counsel and mailed to pro se party)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DERRICK L. SMITH,
Plaintiff,
v.

Case No. 20-CV-1485

LARRY FUCHS, et al.,
Defendants.
ORDER
On February 12, 2021, the court considered plaintiff Derrick L. Smith’s motion
to amend his complaint and determined that, even though Smith did not comply with
the local rules, he could file an amended complaint by March 11, 2021. (ECF No. 15.)
The court allowed Smith an opportunity to amend his complaint because Smith’s
original complaint failed to state a claim. (ECF No. 1). The original complaint was
only half a page long and did not contain any specific factual allegations about his
lack of medical care or retaliation. (ECF No. 15 at 2.) Additionally, Smith is a
restricted filer and, to be able to proceed in forma pauperis, the court needed more
information to determine whether his complaint demonstrates that he is in imminent
danger. The court gave Smith specific instructions regarding what is required to
amend his complaint and also cautioned him that the failure to file an amended
complaint by the deadline would result in the case being dismissed without further
warning. (Id. at 3.)

On March 17, 2021, Smith filed a motion for extension of time to file his
amended complaint. (ECF No. 17.) The court granted his motion, giving him until
April 19, 2021, to file an amended complaint. (ECF No. 20.) The court again warned
Smith that, if he failed to file an amended complaint by the deadline, the court would
dismiss his case.
The April 19, 2021 deadline has passed, and Smith did not file an amended
complaint. The court therefore will dismiss his case.
NOW, THEREFORE, IT IS HEREBY ORDERED that this case is
DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) because the
complaint fails to state a claim.
IT IS FURTHER ORDERED that the Clerk of Court 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
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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.
Dated in Milwaukee, Wisconsin this 26th day of April, 2021.

BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge

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