Ward, Darryl v. O'Brian et al

Filing 22

ORDER that plaintiff Darryl Ward has until October 15, 2018, to supplement his motion for summary judgment, Dkt. 20 , with a statement of proposed facts and supporting evidence. Signed by District Judge James D. Peterson on 10/3/2018. (jef),(ps)

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

DARRYL WARD,
Plaintiff,
v.

OPINION & ORDER

OFFICER PRESTON, SGT. JORDAN,
OFFICER JONES, SGT. JOHN DOE,
And OFFICER JOHN DOE,

17-cv-340-jdp

Defendants.
Plaintiff Darryl Ward has filed a motion for summary judgment. Dkt. 20. Defendants
contend that Ward's motion should be denied because it is untimely and because it does not
include a proposed statement of facts or evidentiary support. Dkt. 21.
Ward says that he placed his motion in the prison's mail box on September 24, the
extended dispositive motions deadline. Dkt. 20-1. The court received the motion soon after,
so I’ll accept Ward’s representation and I will not deny the motion as untimely.
Defendants are correct that plaintiff did not follow this court's summary judgment
procedures, which are explained in the preliminary pretrial conference order. Dkt. 16. Ward
did not provide a statement of proposed fact or evidentiary support for those facts. But Ward’s
motion is relatively straightforward and for the most part, the facts he asserts could be
supported by his own affidavit. I will give Ward the chance supplement his motion with a
statement of proposed facts and supporting evidence. He should review the summary judgment
procedures in the pretrial conference order. Ward must supplement his motion by October 15,
2018. Defendants will have 30 days to respond; Ward will have 15 days after that to file any
reply.

One last point: Ward is at an institution that participates in the court’s electronic filing
system; he should use it.

ORDER
IT IS ORDERED that plaintiff Darryl Ward has until October 15, 2018, to supplement
his motion for summary judgment, Dkt. 20, with a statement of proposed facts and supporting
evidence.
Entered October 3, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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