Brown, Marvelle v. Schwab, Marilyn

Filing 15

ORDER dismissing this case without prejudice for failure to prosecute. Defendant's 12 motion to dismiss and 14 motion to substitute party are denied as moot. The clerk of the court is directed to close this case. Signed by District Judge William M. Conley on 12/18/2012. (jef),(ps)

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

MARVELLE BROWN,

Plaintiff,

ORDER

v.
12-cv-571-wmc
MARILYN SCHWAB,
Defendant.

In this action, plaintiff Marvelle Brown applied for and received a temporary
restraining order from the Dane County Circuit Court due to alleged harassment by his
co-worker, defendant Marilyn Schwab.

Defendant, represented by the United States

Attorney, removed this action pursuant to 28 U.S.c. § 1442(a)( I). Defendant filed a
motion to dismiss on November IS, 2012 (dkt. #12), and the court set a briefing
schedule requiring a response from plaintiff on or before December 11,2012. The court
sent a copy of defendant's motion to dismiss along with the briefing schedule to the
address given to the court by plaintiff on September 18, 2012. As of the date of this
order, plaintiff has not responded to the pending motion to dismiss or otherwise
prosecute this action. Accordingly,

ORDER
IT IS ORDERED that:
I) this case is dismissed without prejudice for failure to prosecute;
2) defendant's motion to dismiss (dkt. #12) and motion to substitute party (dkt.
#14) are DENIED AS MOOT; and

3) the clerk of the court is directed to close this case.
Entered this

~ay of December, 2012.
BY THE COURT:

M. CONLEY
Judge

2