Alnabulsi v. Racine County Jail, No. 1:2024cv00303 - Document 13 (E.D. Wis. 2024)

Court Description: DECISION AND ORDER signed by Judge William C Griesbach on 6/3/24. This action is DISMISSED under 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1) because the complaint fails to state a claim. The Clerk of Court shall document that this inmate has incurred a "strike" under 28 U.S.C. §1915(g) and shall enter judgment. (cc: all counsel and mailed to pro se party)(Griesbach, William)

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Alnabulsi v. Racine County Jail Doc. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MOHAMMAD ALNABULSI, Plaintiff, v. Case No. 24-C-303 RACINE COUNTY JAIL, Defendant. DECISION AND ORDER Plaintiff Mohammad Alnabulsi, who is incarcerated at the Racine County Jail, is representing himself in this 42 U.S.C. §1983 action. On April 24, 2024, the Court screened the complaint and gave Alnabulsi an opportunity to file an amended complaint by May 24, 2024. The Court warned Alnabulsi that if he did not file an amended complaint by the deadline, the Court would dismiss this action based on his failure to state a claim in the original complaint. The deadline has passed, and Alnabulsi did not file an amended complaint or inform the Court of any reason preventing him from doing so. IT IS THEREFORE ORDERED that, for the reasons explained in the screening order (Dkt. No. 12), this action is DISMISSED under 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1) because the complaint fails to state a claim. The Clerk of Court shall document that this inmate has incurred a “strike” under 28 U.S.C. §1915(g) and shall enter judgment accordingly. Dated at Green Bay, Wisconsin this 3rd day of June, 2024. s/ William C. Griesbach William C. Griesbach United States District Judge Dockets.Justia.com This order and the judgment to follow are final. Plaintiff may appeal this court’s decision to the Court of Appeals for the Seventh Circuit by filing in this court a notice of appeal within 30 days of the entry of judgment. See Fed. R. App. P. 3, 4. This court may extend this deadline if a party timely requests an extension and shows good cause or excusable neglect for not being able to meet the 30-day deadline. See Fed. R. App. P. 4(a)(5)(A). If Plaintiff appeals, he will be liable for the $605.00 appellate filing fee regardless of the appeal’s outcome. If Plaintiff seeks leave to proceed in forma pauperis on appeal, he must file a motion for leave to proceed in forma pauperis with this court. See Fed. R. App. P. 24(a)(1). Plaintiff may be assessed another “strike” by the Court of Appeals if his appeal is found to be nonmeritorious. See 28 U.S.C. § 1915(g). If Plaintiff accumulates three strikes, he will not be able to file an action in federal court (except as a petition for habeas corpus relief) without prepaying the filing fee unless he demonstrates that he is in imminent danger of serious physical injury. Id. Under certain circumstances, a party may ask this court to alter or amend its judgment under Federal Rule of Civil Procedure 59(e) or ask for relief from judgment under Federal Rule of Civil Procedure 60(b). Any motion under Federal Rule of Civil Procedure 59(e) must be filed within 28 days of the entry of judgment. Any motion under Federal Rule of Civil Procedure 60(b) must be filed within a reasonable time, generally no more than one year after the entry of judgment. The court cannot extend these deadlines. See Fed. R. Civ. P. 6(b)(2). A party is expected to closely review all applicable rules and determine, what, if any, further action is appropriate in a case. 2

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