Cooper, Demetrius v. Meyer et al

Filing 41

ORDER denying without prejudice plaintiff's 35 motion for summary judgment. The clerk of court is directed to send Cooper a copy of the court's pretrial conference order. Dkt. 20 . Signed by District Judge James D. Peterson on 5/9/2017. (jef: w/ enclosures),(ps)

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

DEMETRIUS L. COOPER,
Plaintiff,
v.

ORDER

JEFFREY MEYER, PATRICK GORMAN
and CORY SABISH,

16-cv-526-jdp

Defendants.
Pro se plaintiff Demetrius L. Cooper is proceeding on Eighth Amendment claims of
excessive force, failure to protect and deliberate indifference against defendants Jeffrey Meyer,
Patrick Gorman and Cory Sabish.
Cooper moves for summary judgment, Dkt. 35, but his submissions do not comply with
the court’s pretrial conference order. Dkt. 20. Cooper should pay careful attention to the
court’s procedures to be followed on motions for summary judgment and in particular to the
portions discussing (1) the rules governing proposed findings of fact; and (2) the requirement
that exhibits on which a plaintiff intends to rely be authenticated and admissible. Id. at 13-19.
I will deny Cooper’s motion for summary judgment without prejudice and give him an
opportunity to file a new motion with proposed findings of fact supported by evidence. Cooper
may have until July 31, 2017, which is the deadline for dispositive motions. In addition, any
exhibits Cooper submits must be admissible. This means, at a minimum, they must be attached
to an affidavit in which a person who has personal knowledge of the exhibits declares under
penalty of perjury (or swears under oath) that the exhibits are true and correct copies of the
documents they appear to be. I will direct the clerk of court to send Cooper another copy of
the court’s pretrial conference order, which details the requirements Cooper must follow.

ORDER
IT IS ORDERED that:
1. Plaintiff Demetrius L. Cooper’s motion for summary judgment, Dkt. 35, is
DENIED without prejudice.
2. The clerk of court is directed to send Cooper a copy of the court’s pretrial conference
order. Dkt. 20.
Entered May 9, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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