Nash, Willie et al v. Heyde, Kathleen et al

Filing 31

ORDER that plaintiff Willie Nash may have until December 28, 2018, to file a response to defendants' motion for summary judgment. If plaintiff does not respond by that date, the court will dismiss this case with prejudice under Federal Rule of Civil Procedure 41(b) for plaintiff's failure to prosecute it. Signed by District Judge William M. Conley on 12/7/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WILLIE NASH,

Plaintiff,

ORDER

v.
Case No. 16-cv-223-wmc
KATHLEEN HEYDE, et al.,
Defendants.

Pro se plaintiff Willie Nash is proceeding on Eighth Amendment deliberate
indifference claims against defendants related to the medical care he received for his
Hepatitis C. On October 26, 2018, defendants filed a motion for summary judgment on
the merits, and the court set November 26, 2018, as plaintiff’s deadline to oppose
defendants’ motion. However, plaintiff has failed to oppose the motion, nor has he sought
an extension or otherwise provided the court with an indication that he plans to oppose
the motion. Plaintiff’s continued failure to respond to defendants’ motion suggests that
he may have lost interest in pursuing this case and no longer intends to prosecute it.
Plaintiff will receive one more opportunity to submit a substantive response to
defendants’ motion. If he fails to do so by the new deadline, the court will dismiss this
case with prejudice under Rule 41 of the Federal Rules of Civil Procedure for his failure to
prosecute.
ORDER
IT IS ORDERED that plaintiff Willie Nash may have until December 28, 2018,
to file a response to defendants’ motion for summary judgment. If plaintiff does not

respond by that date, the court will dismiss this case with prejudice under Federal
Rule of Civil Procedure 41(b) for plaintiff’s failure to prosecute it.
Entered this 7th day of December, 2018.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge