Mishich v. Patterson

Filing 31

ORDER DISMISSING CASE signed by Magistrate Judge Nancy Joseph on 9/16/2022. (cc: all counsel and mailed to pro se party) (edr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
COLLEEN MARIE MISHICH,
Plaintiff,
v.

Case No. 21-CV-1014

THE UNITED STATES OF AMERICA,
Defendant.
DISMISSAL ORDER FOR FAILURE TO PROSECUTE
Colleen Marie Mishich filed a pro se complaint against the defendant on August 30,
2021. (Docket # 1.) On July 29, 2022, I found that Mishich’s complaint failed to state a claim
and allowed Mishich fourteen (14) days to submit an amended complaint. (Docket # 28.) On
August 9, 2022, I entered an order that granted Mishich’s motion for extension of time to file
and gave Mishich until August 23, 2022 to file a second amended complaint. (Docket #30.)
As of the date of this order, Mishich has still not submitted an amended complaint.
Pursuant to Fed. R. Civ. P. 41(b) and Civ. L.R. 41(c) (E.D. Wis.), a court may dismiss
an action where the plaintiff fails to diligently prosecute their case. “Dismissal with prejudice
is appropriate when there is a clear record of delay or contumacious behavior.” Zaddack v.
A.B. Dick Co., 773 F.2d 147, 150 (7th Cir. 1985). A court should view the “case ‘with regard
to its own particular procedural history and the situation at the time of dismissal,’” assessing
whether “a reasonable person could concur with the trial court’s determination that ‘plaintiff
has treated this matter cavalierly’ and had ‘no serious desire to prosecute this action.’” Id.
(internal citations omitted).

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Mishich did not submit an amended complaint in accordance with the court’s August
9 order. Because it does not appear that Mishich intends to prosecute this action, dismissal is
appropriate.
NOW, THEREFORE, IT IS HEREBY ORDERED that this case be DISMISSED
WITH PREJUDICE for failure to prosecute. The Clerk of Court is directed to enter judgment
accordingly.

Dated at Milwaukee, Wisconsin this 16th day of September, 2022.
BY THE COURT

___________________________
NANCY JOSEPH
United States Magistrate Judge

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