Allen v. Gendreau

District Court, E.D. Wisconsin

Allen v. Gendreau

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

LAWRENCE CARL ALLEN, JR.,

Plaintiff, v. Case No. 20-CV-934-JPS

CHAD GENDREAU, ORDER Defendant.

On August 4, 2020, Magistrate Judge Stephen C. Dries screened Plaintiff’s complaint, concluding that it violated Federal Rules of Civil Procedure 18 and 20 and therefore must be dismissed. (Docket #8). Magistrate Judge Dries ordered that Plaintiff file an amended complaint on or before August 31, 2020, if he wanted to proceed with this lawsuit. (Id. at 3). The August 31, 2020 deadline passed, and Plaintiff did not file an amended complaint. On September 10, 2020, Magistrate Judge Dries entered a report and recommendation (“R&R”) recommending that the action be dismissed.1 (Docket #10). Magistrate Judge Dries informed Plaintiff that, pursuant to

28 U.S.C. § 636

(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b)(2), and General Local Rule 72(c), he had fourteen days to file an objection to the R&R. (Id. at 2). On September 22, 2020, Plaintiff filed a letter that was labeled an objection to the R&R, but the letter does not actually provide an objection. (Docket #11). Having received no actual objection thereto, and in

1Because not all parties have had the opportunity to consent to magistrate judge jurisdiction, the case has been reassigned to this Court for consideration of the dismissal R&R. Coleman v. Labor & Indus. Review Comm’n,

860 F.3d 461

(7th Cir. 2017). full agreement with Magistrate Judge Dries’ analysis and conclusion therein, the Court will adopt the R&R and dismiss this action without prejudice. Accordingly, IT IS ORDERED that Magistrate Judge Stephen C. Dries’ Report and Recommendation (Docket #10) be and the same is hereby ADOPTED; and IT IS FURTHER ORDERED that this action be and the same is hereby DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment accordingly. Dated at Milwaukee, Wisconsin, this 12th day of November, 2020. “A URE ) P. tmueller ‘S. DiStrict Judge

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