Sheppard v. Korus

District Court, E.D. Wisconsin

Sheppard v. Korus

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

CHARLES SHEPPARD,

Plaintiff,

v. Case No. 22-cv-0902-bhl

JASMINE KORUS, et al.,

Defendants.

DECISION AND ORDER

Plaintiff Charles Sheppard, who is incarcerated at New Lisbon Correctional Institution, is representing himself in this

42 U.S.C. §1983

case. On June 3, 2024, the Court granted in part Defendants’ summary judgment motion and dismissed Sheppard’s claims against Kristine DeYoung, Candace Whitman, Jeff Anders, Scott Ross, Charles Congleton, Jordan Wierenga, and Matthew Larson. Sheppard’s claims against Jasmine Korus, Dana Miller, Phillip Briski, Andrew Lyga, and Carly Standke survived summary judgment and will proceed to trial. The Court is currently making efforts to recruit a lawyer to represent Sheppard at trial. On June 28, 2024, Sheppard filed a “motion for reconsideration/appeal.” Dkt. No. 105. Under Fed. R. Civ. P. 60(b), a party may obtain relief from an order for several reasons, including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, or misconduct. “Rule 60(b) provides for extraordinary relief and may be invoked only upon a showing of exceptional circumstances.” Peacock v. Board of School Comm’rs,

721 F.2d 210, 213

(7th Cir. 1983) (citations omitted). Sheppard fails to satisfy any of the grounds articulated in Rule 60(b). Instead, he merely expresses his disagreement with the Court’s application of the law and rehashes arguments he raised in response to Defendants’ motion. See Dkt. No. 105 at 1 (“with all due respect, I think you got it wrong, or overlooked certain things”). Having reviewed Sheppard’s motion, the Court concludes that he is not entitled to the relief he seeks for the reasons stated in the summary judgment decision. Accordingly, pursuant to

Fed. R. Civ. P. 62.1(a)(2), the Court will deny the motion. IT IS THEREFORE ORDERED that Sheppard’s motion for reconsideration (Dkt. No. 105) is DENIED. Dated at Milwaukee, Wisconsin on July 26, 2024. s/ Brett H. Ludwig BRETT H. LUDWIG United States District Judge

Reference

Status
Unknown