Gulley-Fernandez v. Wisconsin Department of Corrections et al

Filing 9

ORDER DISMISSING CASE signed by Chief Judge William C. Griesbach for Judge Rudolph T. Randa on 12/17/2015 GRANTING 8 Plaintiff's Motion to Voluntarily Dismiss case. Plaintiff may file comprehensive amended complaint in 15-C-995. (cc: all counsel, via mail to Dominique Gulley-Fernandez-with copy of EDWI prisoner complaint form)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DOMINIQUE DEWAYNE GULLEY-FERNANDEZ,
also known as,
Teriyaki Ariana Giselle Wilds-Ward,
Plaintiff,
-vs-

Case No. 15-CV-1353

WISCONSIN DEPARTMENT OF CORRECTIONS,
WISCONSIN SECURE PROGRAM FACILITY,
WARDEN GARY BOUGHTON,
and UNKNOWN, sued as “CO John Does 1-3,”
Defendants.

DECISION AND ORDER
The pro se plaintiff is a Wisconsin state prisoner. The plaintiff filed
this lawsuit under 42 U.S.C. § 1983 alleging that the defendants violated
his civil rights.

In his complaint, the plaintiff alleges that he is a

transgender woman and that the defendants do not provide him with
hormone therapy, have failed to protect him from sexual assault and
harassment, and have discriminated against him.
On December 3, 2015, the plaintiff filed a letter requesting that the
Court dismiss this case and “have it amended” to another similar case he
previously filed, Gulley-Fernandez v. Johnson, Case Number 15-cv-995RTR (E.D. Wis.). In Case Number 15-cv-995, the plaintiff is proceeding on

a claim that the defendants refuse to treat his gender identity disorder.
(See Case Number 15-cv-995-RTR, Docket No. 33.)
The claims that the plaintiff raises in this case are related to those
in his Case Number 15-cv-995-RTR. The plaintiff is advised that he may
file a comprehensive amended complaint in Case Number 15-cv-995,
raising all of the claims from both cases, as they relate to his gender
identity disorder.1 The Court will therefore grant the plaintiff’s request to
dismiss this case. See Fed. R. Civ. P. 41(a).
NOW, THEREFORE, IT IS HEREBY ORDERED THAT the
plaintiff’s request to dismiss this case (Dkt. No. 8) is GRANTED.
Dated at Milwaukee, Wisconsin, this 17th day of December, 2015.
BY THE COURT:

s/ William C. Griesbach
for HON. RUDOLPH T. RANDA
U.S. District Judge

1

Civil Local Rule 15 provides:

(a) Any amendment to a pleading, whether filed as a matter of course or upon a
motion to amend, must reproduce the entire pleading as amended, and may
not incorporate any prior pleading by reference.
(b) A motion to amend a pleading must state specifically what changes are
sought by the proposed amendments. The proposed amended pleading must
be filed as an attachment to the motion to amend.

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