Rodriquez, Jesus v. Fritz, Debbier et al

Filing 25

ORDER denying as moot defendants' 18 motion for summary judgment and dismissing this case with prejudice for plaintiff's failure to prosecute it. The clerk of court is directed to enter judgment for defendants and close this case. Signed by District Judge James D. Peterson on 5/8/2017. (jef),(ps) Modified on 5/8/2017 (jef).

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

JESUS RODRIGUEZ,
Plaintiff,
v.

ORDER

DEBBIE FRITZ, KRISTEN ASHCHENBRENNER,
and BEVERLY DILLION,

15-cv-255-jdp

Defendants.
On April 17, 2017, I reminded pro se plaintiff Jesus Rodriguez that he had not
responded to defendants’ motion for summary judgment and that, as a result, he risked
dismissal of his case. I specifically warned Rodriguez that I would dismiss his case with
prejudice for his failure to prosecute it if he did not explain that he still intends to pursue his
claims. I told him that if he intends to prosecute his case, he needed to (1) show cause why he
was not able to submit a timely response to defendants’ motion for summary judgment; and
(2) submit a response brief, proposed findings of fact, and supporting evidence opposing
defendants’ motion. Dkt. 24.
Rodriguez had until May 1, 2017, to respond to the April 17 order. He did not.
Therefore, I will dismiss his case with prejudice for his failure to prosecute it.

ORDER
IT IS ORDERED that:
1. Defendants Debbie Fritz, Kristen Ashchenbrenner, and Beverly Dillion’s motion for
summary judgment, Dkt. 18, is DENIED as moot.

2. Plaintiff Jesus Rodriguez’s case is DISMISSED with prejudice for his failure to
prosecute it.
3. The clerk of court is directed to enter judgment for defendants and close this case.
Entered May 8, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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