Alexander, Robert v. Sumnicht, Paul et al

Filing 52

ORDER that plaintiff may file a new complaint and pay another filing fee to initiate a new lawsuit if he wishes to do so, but the court cannot take any further action in this case. Signed by Magistrate Judge Stephen L. Crocker on 10/1/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT EARL ALEXANDER,
Plaintiff,

ORDER

v.
11-cv-153-slc
PAUL SUMNITCH and
BELINDA SCHRUBBE,
Defendants.

On May 25, 2012, I issued an order granting defendants’ motion for summary judgment
on the ground that plaintiff Robert Alexander failed to exhaust his administrative remedies, as
required by 42 U.S.C. § 1997e(a). On July 9, 2012, I issued an order denying his motion for
reconsideration. Now he has submitted a letter in which he states that he since has exhausted
his administrative remedies and would like to reopen his case. Dkt. 51 (attached documents
show that Alexander filed complaints in August 2012, after I had closed his case).
Because exhaustion is a precondition to filing suit, the Court of Appeals for the Seventh
Circuit has found that it is not enough for a prisoner litigant to meet this requirement after filing
his lawsuit. Dixon v. Page, 291 F.3d 485, 489 (7th Cir. 2002). Alexander may file a new
complaint and pay another filing fee to initiate a new lawsuit if he wishes to do so, but the court
cannot take any further action in this case.
Entered this 1st day of October, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge