Newell, Donald v. State of Wisconsin et al

Filing 4

ORDER dismissing this case for plaintiff Donald Newell's failure to state a claim upon which relief may be granted. A strike will be recorded in accordance with 28 U.S.C. § 1915(g). The clerk of court is directed to enter judgment in favor of defendants and close this case. Signed by District Judge Barbara B. Crabb on 8/31/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DONALD A. NEWELL, JR.,
ORDER
Plaintiff,
17-cv-436-bbc
v.
STATE OF WISCONSIN, CHIPPEWA COUNTY
and WISCONSIN DEPARTMENT OF CORRECTIONS,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order entered on July 14, 2017, I dismissed plaintiff Donald Newell’s complaint
because it violated Fed. R. Civ. P. 8. I gave him until August 8, 2017 to file an amended
providing defendants fair notice of his claims. I told plaintiff that if he failed to respond by
August 8, 2017, I would dismiss this case with prejudice and issue a strike in accordance
with 28 U.S.C. § 1915(g). 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). To date, plaintiff has
not filed an amended complaint or otherwise responded to the court’s July 14 order.
Accordingly, this case will be dismissed.

ORDER
IT IS ORDERED that
1. This case is DISMISSED for plaintiff Donald Newell’s failure to state a claim

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upon which relief may be granted.
2. A strike will be recorded in accordance with 28 U.S.C. § 1915(g).
3. The clerk of court is directed to enter judgment in favor of defendants and close
this case.
Entered this 31st day of August, 2017.
BY THE COURT:
/s/
________________________________
BARBARA B. CRABB
District Judge

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