Morris v. Harter et al

Filing 39

ORDER signed by Magistrate Judge Stephen C Dries on 8/28/2024 GRANTING 26 Motion for Summary Judgment. IT IS FURTHER ORDERED that this case is DISMISSED. The Clerk of Court will enter judgment accordingly. (cc: all counsel and mailed to pro se party)(amb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KENNETH L. MORRIS,
Plaintiff,
v.

Case No. 22-CV-1419

KRISTY BAHR, et al.,
Defendants.
ORDER
On June 28, 2024, the defendants filed a motion for summary judgment on the
merits. (ECF No. 26.) Pursuant to Civil Local Rule 15(b)(2), and a Notice an Order
issued by the court on July 1, 2024, pro se plaintiff Kenneth L. Morris had until July
29, 2024, to respond to the defendants’ motion for summary judgment. (ECF No. 57.)
The court cautioned Morris that if he failed to respond to the summary judgment
motion, the court would accept all facts asserted by the defendants as true and likely
grant their motion.
The court has not heard from Morris. As such, the court will construe the
defendants’ motion for summary judgment as unopposed. The court has reviewed the
defendants’ motion, brief in support, and the undisputed facts, see Fed. R. Civ. P.
56(e)(2), and concludes that they are entitled to summary judgment on the merits.
Based on the undisputed facts, it is clear that the defendants did not violate Morris’s

Eighth Amendment rights by verbally harassing him. Accordingly, the case is
dismissed.
IT IS THEREFORE ORDERED the defendants’ motion for summary
judgment (ECF No. 26) 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).
A party is expected to closely review all applicable rules and determine, what, if any,
further action is appropriate in a case.
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Dated in Milwaukee, Wisconsin this 28th day of August, 2024.

STEPHEN DRIES
United States Magistrate Judge

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