Wright, Joshua v. Waldera, Duane et al

Filing 14

ORDER that this case is DISMISSED with prejudice for plaintiff's failure to state a claim upon which relief can be granted. In accordance with 28 U.S.C. § 1915(g), plaintiff will be assessed a strike. The clerk of court is directed to enter judgment and close this case. Signed by District Judge James D. Peterson on 3/14/2016. (jef),(ps)

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

JOSHUA SCOTT WRIGHT,
Plaintiff,
v.

OPINION & ORDER

SHERIFF DUANE M. WALDERA,
CAPTAIN MICHAEL RING, and
C.O. WANDA OTTOW,

15-cv-363-jdp

Defendants.
In an order entered on January 21, 2016, I denied plaintiff Joshua Scott Wright leave
to proceed on certain claims and dismissed the remaining claims for plaintiff’s failure to
comply with Federal Rules of Civil Procedure 8. Dkt. 13. I gave plaintiff until February 4,
2016, to submit a proposed amended complaint addressing the deficiencies that I explained
in the January 21 order. In addition, I warned plaintiff that his failure to respond would
result in dismissal of this case with prejudice for failure to state a claim upon which relief can
be granted and plaintiff would be issued a strike in accordance with 28 U.S.C. § 1915(g).
Paul v. Marberry, 658 F.3d 702, 704-06 (7th Cir. 2011) (court should give strike for failure to
correct pleading that violates Rule 8). It is now past plaintiff’s deadline, and he has not filed
an amended complaint or otherwise responded to the court’s order.

ORDER
IT IS ORDERED that this case is DISMISSED with prejudice for plaintiff’s failure to
state a claim upon which relief can be granted. In accordance with 28 U.S.C. § 1915(g),
plaintiff will be assessed a strike. The clerk of court is directed to enter judgment and close
this case.
Entered March 14, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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