Opinion
22-C-1285
12-09-2022
NICHOLAS EARL REZNY, et al., Plaintiffs, v. WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS, et al., Defendants.
ORDER
LYNN ADELMAN, District Judge.
On October 31, 2022, Nicholas Earl Rezny, proceeding pro se, filed a complaint naming himself and two limited liability companies as plaintiffs. Because limited liability companies can appear in this court only if they are represented by counsel, Gen. L.R. 83(e), and because no attorney has signed the complaint on behalf of the two limited liability companies, those companies are not proper parties to this case. Thus, I view Rezny as the sole plaintiff.
After Rezny filed this case, it was assigned to Magistrate Judge Stephen C. Dries. Although Rezny paid the full filing fee, Magistrate Judge Dries screened the complaint, as courts are permitted to do under 28 U.S.C. § 1915(e)(2), see Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999), and recommended that a district judge dismiss the action as frivolous.
The magistrate judge's recommendation contains a detailed explanation of why the plaintiff's claims are frivolous. The plaintiff has filed an objection to the recommendation, but the objection does not present a cogent argument showing that his complaint presents federal claims of arguable merit. And I cannot find a potentially valid claim among the plaintiff's lengthy allegations. Therefore, I will accept Magistrate Judge Dries' recommendation to dismiss the action as frivolous.
While the time for the plaintiff to file an objection to the magistrate judge's recommendation was running, see Fed.R.Civ.P. 72(b)(2), he served at least some of the defendants with the summons and complaint, and those defendants have filed appearances, responses to the complaint, or motions for extensions of time to file a response to the complaint. Because I am dismissing the case as frivolous, I will deny as moot the motions that remain pending.
Accordingly, IT IS ORDERED that Magistrate Judge Dries' recommendation (ECF No. 3) is ACCEPTED and this case is DISMISSED WITH PREJUDICE as frivolous. The Clerk of Court shall enter final judgment.
IT IS FURTHER ORDERED that the defendants' pending motions (ECF Nos. 9, 19, 22 & 27) are DENIED as MOOT.