Parrish, Kenneth v. McCulloch, Deborah et al

Filing 28

ORDER denying plaintiff's 24 Motion for Summary Judgment. Signed by District Judge Barbara B. Crabb on 11/26/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KENNETH PARRISH,
ORDER
Plaintiff,
12-cv-750-bbc
v.
DEBORAH McCULLOCH and
WILLIAM PARKER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Kenneth Parrish is proceeding on a claim that defendants Deborah
McCulloch and William Parker violated his right of access to the courts by interfering with
his appeal to the Court of Appeals for the Seventh Circuit. At the preliminary pretrial
conference held on February 26, 2013, Magistrate Judge Stephen L. Crocker set the schedule
for trial, including deadlines for filing dispositive motions. The deadline for filing dispositive
motions was on November 1, 2013, and defendants have filed a motion for summary
judgment, which is being briefed. Plaintiff’s brief in opposition to defendants’ motion for
summary judgment is due December 2, 2013. Now plaintiff has filed his own motion for
summary judgment.
Plaintiff’s motion is postmarked October 31 so I will not deny the motion as
untimely.

However, I will deny the motion because plaintiff has failed to follow the

procedures as outlined in the court’s Procedure To Be Followed On Motions For Summary
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Judgment. In particular, he did not submit proposed findings of fact in support of his
motion as a separate document and point to admissible evidence in the record to support
each factual proposition. In his brief he seems to include an attempt at proposed findings
of fact, but almost all of the following statements are legal argument rather than factual
propositions and it is very difficult to see how the opposing party could respond to it.
The court’s procedure was included with the February 28, 2013 pretrial conference
order and I will include a copy of the procedure along with this order. Plaintiff needs to take
note of this procedure because he has a deadline of December 2, 2013 to file his brief in
opposition to defendants’ motion for summary judgment. In responding to defendants’
motion, plaintiff will have to submit proposed findings of fact and evidence that comply with
the court’s procedure.

ORDER
IT IS ORDERED that
Plaintiff Kenneth Parrish’s motion for summary judgment, dkt. #24, is DENIED.
Entered this 26th day of November, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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