Hart, Wayne v. Thurman, Michael et al

Filing 61

ORDER denying 59 Motion to Resubmit this case to the U.S. District Court. Signed by District Judge Barbara B. Crabb on 7/24/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WAYNE J. HART, JR.,
ORDER
Plaintiff,
11-cv-604-bbc
v.
MICHAEL THURMER, SUSAN KIMBALL,
MARY GORSEK and PAUL SUMNICHT,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Judgment was entered in this case on October 19, 2012, granting defendants’ motion
for summary judgment and closing this case. Plaintiff filed a notice of appeal and on
December 12, 2012, I granted his request for leave to proceed in forma pauperis on appeal.
Plaintiff submitted the initial partial payment calculated by this court for that appeal.
Plaintiff then filed a second notice of appeal.

In a January 29, 2013 order, I denied

plaintiff’s request for leave to proceed in forma pauperis on the second notice of appeal
because it was duplicative of the first appeal.
The United States Court of Appeals for the Seventh Circuit dismissed plaintiff’s first
appeal for his failure to prosecute it and dismissed his second appeal for plaintiff’s failure to
pay the $455 filing fee for that appeal. Now plaintiff has filed a new motion in this court
stating that he is “resubmitting his case” to the district court. He states that he does not
understand civil procedure, feels that he has done everything he was supposed to do in the
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Seventh Circuit and now requests counsel to assist him further.
Plaintiff’s motion must be denied because his appeals are out of this court’s hands;
to the extent that he thinks the court of appeals has erred or that he deserves counsel to
assist him further with his appeals, he will have to raise those issues with the court of
appeals.

ORDER
IT IS ORDERED that plaintiff Wayne Hart’s motion “to resubmit his case” to this
court, dkt. #59, is DENIED.
Entered this 24th day of July, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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