Kafi v. Eckstein et al

Filing 17

DECISION AND ORDER signed by Judge Lynn Adelman on 2/26/16 granting 15 Motion to Amend/Correct. Further ordering that the following defendants are DISMISSED: Edward Wall, Steve Schueler, and John/Jane Doe. Further ordering the Clerk of Court to docket plaintiffs proposed amended complaint. Further ordering defendant Scott Eckstein to file an answer to plaintiffs amended complaint. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAMALI MIDINA KAFI,
also known as EDWARD LEON JACKSON, SR.,
Plaintiff,
v.

Case No. 15-CV-334

SCOTT ECKSTEIN,
EDWARD WALL,
STEVE SCHUELER, and
JOHN/JANE DOE ,
Defendants,

DECISION AND ORDER
Plaintiff, Damali Midina Kafi, a state prisoner at Redgranite Correctional Institution
(Redgranite), filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that
his civil rights were violated. In an Order entered September 22, 2015, I allowed plaintiff
to proceed on retaliation claims against the defendants. This matter is now before me on
plaintiff’s motion for leave to file an amended complaint.
In his motion, plaintiff acknowledges that it is after the deadline for filing amended
pleadings. However, he submits that he received defendants’ responses to his discovery
requests after that deadline. After reviewing the discovery responses, plaintiff no longer
believes he can proceed in good faith against defendants Edward Wall, Steven Schueler,
and Jane/John Doe. He has submitted an amended complaint containing only claims
against defendant Scott Eckstein. Under Federal Rule of Civil Procedure 15(a)(2), “[t]he
court should freely give leave when justice so requires.” I will grant plaintiff’s motion to
amend and dismiss defendants Edward Wall, Steve Schueler, and John/Jane Doe.

I also will screen plaintiff’s proposed amended complaint pursuant to 28 U.S.C. §
1915A. The allegations in plaintiff’s proposed amended complaint are almost exactly the
same as in his original complaint, though he has removed allegations regarding the other
defendants. Plaintiff has once against stated a retaliation claim against defendant Eckstein.
See Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009) (internal quotations omitted).
THEREFORE, IT IS ORDERED that plaintiff's motion to amend/correct complaint
(Docket #15) is GRANTED.
IT IS FURTHER ORDERED that the following defendants are DISMISSED: Edward
Wall, Steve Schueler, and John/Jane Doe.
IT IS FURTHER ORDERED that the Clerk of Court shall docket plaintiff’s proposed
amended complaint.
IT IS FURTHER ORDERED that defendant Scott Eckstein shall file an answer to
plaintiff’s amended complaint.
Dated at Milwaukee, Wisconsin, this 26th day of February, 2016.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

2