Jones v. RAEMISCH et al

Filing 29

ORDER denying 27 Motion for Summary Judgment for failure to file motion in compliance with court's procedures. Signed by Chief Judge Barbara B Crabb on 2/27/09. (krj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D E R W IN JONES, ORDER P l a i n t i ff , 0 8 - cv -2 9 4 - b b c v. SC O TT HOFTIEZER and DAVID BURNETT, Defendants. --------------------------------------------In this case, plaintiff Derwin Jones is proceeding on his Eighth Amendment claims that defendants Hoftiezer and Burnett denied him surgery for his hammertoe deformities an d that defendant Burnett failed to insure plaintiff was provided his prescribed medicated cr ea m . Plaintiff has filed a motion for summary judgment, which must be denied at the o utset for his failure to comply with this court's summary judgment procedures, a copy of w h ich was sent to him with the Magistrate Judge's preliminary pretrial conference order entered on September 26, 2008. This court's procedures require that a party moving for summary judgment submit a motion, proposed findings of fact, evidentiary materials and a supporting brief. Procedures

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I.A. Plaintiff's motion consists of a single two-page document that provides conclusory statem ents regarding his claims and cites to evidence plaintiff did not submit with his m otion. Because plaintiff's motion for summary judgment is not in compliance with the co urt's procedures, it must be denied. However, this will not prejudice plaintiff. He will have a chance to submit his version of the facts and evidentiary materials in proper form in respo nse to defendants' motion for summary judgment, if they should file one. Plaintiff is advised to read carefully the court's procedures for responding to proposed findings of fact an d submit his response and evidentiary materials correctly so that they can be considered in deciding the motion.

OR DER IT IS ORDERED that plaintiff's motion for summary judgment, dkt. #27, is D EN IED for his failure to file a motion that is in compliance with this court's procedures. E n tered this 27t h day of February, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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