Walker, Lamont v. Gardner, David et al

Filing 10

ORDER dismissing this case with prejudice for plaintiff Lamont Walker's failure to state a claim upon which relief can be granted. The clerk of court is directed to enter judgment and close this case. The clerk of court is directed to record a "strike" for plaintiff under 28 U.S.C. § 1915(g). Signed by District Judge James D. Peterson on 12/21/2016. (jef),(ps)

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

LAMONT D. WALKER,
Plaintiff,
v.

ORDER

DAVID GARDNER, CHRISTA MORRISON,
and JOHN BERT,

16-cv-297-jdp

Defendants.

In an order entered on November 4, 2016, I denied plaintiff Lamont Walker leave to
proceed on several of the claims in his complaint, and concluded that his vague allegations
against defendant David Gardner for denying him a job at the Wisconsin Secure Program
Facility violated Federal Rule of Civil Procedure 8. Dkt. 8. I gave Walker until November 25,
2016, to submit a proposed amended complaint addressing the deficiencies I discussed in the
November 4 order. In addition, I warned Walker that his failure to respond would result in
dismissal of this case with prejudice for his failure to state a claim upon which relief can be
granted and that he would be issued a “strike” in accordance with 28 U.S.C. § 1915(g). Id. at
5; see also 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 Walker’s deadline, and he has not filed an amended complaint or
otherwise responded to the court’s order. Accordingly, I will dismiss the case and assess
Walker a strike.

ORDER
IT IS ORDERED that:
1.

This case is DISMISSED with prejudice for plaintiff Lamont Walker’s failure
to state a claim upon which relief can be granted. The clerk of court is directed
to enter judgment and close this case.

2.

The clerk of court is directed to record a “strike” for plaintiff under 28 U.S.C.
§ 1915(g).

Entered December 21, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2