Ards, Tyrone v. Casiana et al

Filing 47

ORDER that defendants may file by March 6, 2017, a response to this order seeking leave to file an untimely motion. Signed by District Judge James D. Peterson on 2/28/2017. (jef),(ps)

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

TYRONE D. ARDS,
Plaintiff,
v.
TIMOTHY CASIANA,
THEODORE ANDERSON, RANDY SCHNEIDER,
MICHAEL J. THOMPSON,
PATRICK STELLICK,
MAURY THILL, and JOE REDA,1

ORDER
16-cv-341-jdp

Defendants.
Pro se plaintiff Tyrone D. Ards, a state prisoner currently incarcerated at the
Wisconsin Secure Program Facility, is proceeding on Eighth Amendment claims against
prison officials at his previous prison, the Columbia Correctional Institution. Defendants
move for summary judgment for failure to exhaust administrative remedies. Dkt. 40. But
their motion is untimely: the deadline was January 13, 2017, Dkt. 20, at 4, and defendants
filed their motion on February 3, 2017, Dkt. 40, at 2. I will order defendants to explain why
I should consider the untimely motion before requiring Ards to file an opposition to
defendants’ summary judgment motion.

1

I have updated the caption to reflect defendants’ correct names. See Dkt. 41, at 1, 3.

ORDER
IT IS ORDERED that defendants may file by March 6, 2017, a response to this order
seeking leave to file an untimely motion.
Entered February 28, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2