Caldwell et al v. Oshkosh Police Department et al

Filing 15

ORDER signed by Judge Rudolph T. Randa on 6/1/2015. 14 Benjamin John Biese's MOTION to rejoin case DENIED; 11 Benjamin John Biese's MOTION for Leave to Proceed in forma pauperis TERMINATED. Iven Lee Caldwell to submit prisoner trust account statement by 6/26/2015, failure to submit by deadline will result in dismissal for failure to prosecute. (cc: all counsel, via mail to Iven Lee Caldwell and Warden at Wisconsin Resource Center)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
IVEN LEE CALDWELL,
Plaintiff,
-vs-

Case No. 15-CV-448

OSHKOSH POLICE DEPARTMENT,
OFFICER J. JOHANNES,
BYRON BARTOW, and
RICK PHILLIPS,
Defendants.

DECISION AND ORDER

On April 15, 2015, two plaintiffs, Iven Lee Caldwell and Benjamin
John Biese, filed a pro se complaint under 42 U.S.C. § 1983, along with a
motion to appoint counsel. On April 24, 2015, they each filed a motion for
leave to proceed in forma pauperis, but neither submitted a certified copy
of his prisoner trust account statement for the six months preceding the
filing of the complaint.
On May 15, 2015, the Court received a Notice of Voluntary
Dismissal from plaintiff Benjamin John Biese, and he was terminated as a
plaintiff. However, on May 19, 2015, Biese filed a motion to rejoin the case.
He offers no explanation for why he voluntarily dismissed his case or why
he seeks to rejoin it, other than that he received a letter from Caldwell.

This is not the first case in which Biese has voluntarily dismissed and then
changed his mind. The Court does not encourage such behavior and will
not indulge Biese’s whims. The Court will deny Biese’s motion to rejoin the
case and terminate his motion for leave to proceed in forma pauperis. If
Biese wishes to bring claims related to the complaint in this case, he must
file a separate complaint and begin a new action.
If plaintiff Caldwell wants to proceed with this case, he must submit
a certified copy of his prison trust account statement for the six months
prior to filing his complaint, which is necessary for the Court to calculate
the plaintiff’s initial partial filing fee. See 28 U.S.C. § 1915A.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT the Benjamin John Biese’s motion to rejoin
case (ECF No. 14) is DENIED.
IT IS FURTHER ORDERED that Benjamin John Biese’s motion
for leave to proceed in forma pauperis (ECF No. 11) is TERMINATED.
IT IS FURTHER ORDERED that plaintiff Iven Lee Caldwell shall
submit a certified copy of his prisoner trust account statement for the six
months prior to the filing of his complaint on or before Friday, June 26,
2015. Failure to submit a trust account statement by that date will result
in the dismissal of this case for failure to prosecute.
-2-

IT IS FURTHER ORDERED that a copy of this order be sent to
the warden of the institution where Caldwell is confined.
Dated at Milwaukee, Wisconsin, this 1st day of June, 2015.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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