Justich v. Carr et al

Filing 65

ORDER signed by Judge J P Stadtmueller on 1/10/2022: DISMISSING CASE without prejudice for failure to state a claim and DIRECTING Clerk of Court to document that this inmate has incurred a "strike" under 28 U.S.C. § 1915(g). (cc: all counsel, via mail to Tony Justich)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TONY JUSTICH,
Plaintiff,
v.

Case No. 20-CV-1575-JPS-JPS

KEVIN CARR, JOHN TATE,
MICHAEL RIVERS, and JOHN DOES
1-50,

ORDER

Defendants.
On August 20, 2021, the Court screened Plaintiff’s complaint,
determined that Plaintiff failed to state a claim for relief, and provided
Plaintiff until September 20, 2021 to amend his complaint. (Docket #62). On
September 22, 2021, the Court extended Plaintiff’s time to file an amended
complaint to November 8, 2021. (Docket #64). That date has passed with no
communication from Plaintiff. Accordingly, the Court will dismiss this case
without prejudice for failure to state a claim and issue a strike pursuant to
28 U.S.C. § 1915(g).
Accordingly,
IT IS ORDERED that this action be and the same is hereby
DISMISSED without prejudice for failure to state a claim; and
IT IS FURTHER ORDERED that the Clerk of Court document that
this inmate has incurred a “strike” under 28 U.S.C. § 1915(g).
The Clerk of the Court is directed to enter judgment accordingly.

Case 2:20-cv-01575-JPS Filed 01/10/22 Page 1 of 2 Document 65

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

____________________________________
J. P. Stadtmueller
U.S. District Judge

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Case 2:20-cv-01575-JPS Filed 01/10/22 Page 2 of 2 Document 65