Skanes, Doran v. Dane County Jail et al

Filing 20

ORDER that plaintiff Doran Skanes may have until November 5, 2018, to file a response to defendant's motion for summary judgment. If plaintiff does not respond by that date, the court will dismiss this case with prejudice under Federal Rule of Civil Procedure 41(b) for plaintiff's failure to prosecute it. Signed by District Judge William M. Conley on 10/15/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DORAN SKANES,

Plaintiff,

ORDER

v.
Case No. 18-cv-190-wmc
DAVID MAHONEY,
Defendant.

Pro se plaintiff Doran Skanes is proceeding on an Eighth Amendment claim against
defendant related to conditions at the Dane County Jail. On August 16, 2018, defendant
filed a motion for summary judgment on exhaustion grounds, and the court set September
6, 2018, as plaintiff’s deadline to oppose defendant’s motion. The order that the clerk’s
office sent plaintiff was returned to the court marked undeliverable. Accordingly, the
clerk’s office determined that plaintiff may now be incarcerated at USP-Atlanta and resent the order to him on August 27, 2018. That order was not returned as undeliverable.
However, since that time, plaintiff has failed to oppose the motion, nor has he sought an
extension or otherwise provided the court with an indication that he plans to oppose the
motion. While some of plaintiff’s delay may be attributable to his transfer to a new
institution, his continued failure to respond to defendant’s motion suggests that he may
have lost interest in pursuing this case and no longer intends to prosecute it.
Plaintiff will receive one more opportunity to submit a substantive response to
defendant’s motion. If he fails to do so by the new deadline, the court will dismiss this
case with prejudice under Rule 41 of the Federal Rules of Civil Procedure for his failure to
prosecute.

ORDER
IT IS ORDERED that plaintiff Doran Skanes may have until November 5, 2018,
to file a response to defendant’s motion for summary judgment. If plaintiff does not
respond by that date, the court will dismiss this case with prejudice under Federal
Rule of Civil Procedure 41(b) for plaintiff’s failure to prosecute it.
Entered this 15th day of October, 2018.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge