Muehl v. Thurmer et al

Filing 72

ORDER denying 66 Motion for Summary Judgment as untimely. Plaintiff's motion will be treated as a brief in opposition to defendants motion for summary judgment. Signed by Chief Judge Barbara B. Crabb on 11/24/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------MICHAEL MUEHL, P la i n t i f f , v. M IC H A E L THURMER, Warden; B AU ER , Lieutenant; G AR Y ANKARLO, Psychological Services Supervisor; T O D D CALLISTER, Psychiatrist; BELINDA SCHRUBBE, Health Service Manager; PAU L SUMNICHT, Doctor; M AR Y GORSKE, Registered Nurse Practitioner; M AR Y SLINGER, Registered Nurse; FR AN JENNINGS, Registered Nurse; G AIL WALTZ, Registered Nurse; C H A R L E N E REITZ, Registered Nurse; and B R U C E DUMONTIER, Dentist; D efendan ts. --------------------------------------------In this prisoner civil rights case, plaintiff Michael Muehl has filed a document that he calls "Notice of Motion and Motion for Summary Judgment," dkt. #66, along with proposed findings of fact, dkt. #67, a response to defendants' proposed findings of fact that they filed in support of their own motion for summary judgment on October 28, 2009, dkt. OR DER 0 9 - cv -1 6 - b b c

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# 65 , and two affidavits. Dkt. ##68-69. Plaintiff's motion must be denied because it is u ntim ely. Under the preliminary pretrial conference order, dkt. #26, the deadline for filing a summary judgment motion was October 30, 2009, but plaintiff did not file his motion u ntil November 23, 2009. Plaintiff did not move for an extension of time and he gives no reaso n for his late filing. However, plaintiff is not prejudiced by this ruling because I will treat his "motion" as a brief in opposition to defendants' motion for summary judgment.

OR DER IT IS ORDERED that plaintiff Michael Muehl's motion for summary judgment, dkt. # 66 , is DENIED as untimely. Plaintiff's motion will be treated as a brief in opposition to defendan ts' motion for summary judgment. E n tered this 24t h day of November, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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