Dedalis v. Brown County Jail et al

Filing 22

ORDER signed by Judge Lynn Adelman on 11/7/16 that the Clerk of Court will update the caption of this lawsuit by substituting Emily Blozinski, Brigit Belows, and Kimberly Velleman for Jane Doe Nurses 1-3. Further ordering the United States Marshal t o serve a copy of the second amended complaint and this order upon Emily Blozinski, Brigit Belows, and Kimberly Velleman pursuant to Federal Rule of Civil Procedure 4 and that Emily Blozinski, Brigit Belows, and Kimberly Velleman must file a responsive pleading to the complaint. Further ordering that John Gossage is DISMISSED as defendant. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________
CHRISTOPHER T. DEDALIS,
Plaintiff,
v.

Case No. 15-CV-1543

ADEYEMI FATOKI,
EMILY BLOZINSKI,
BRIGIT BELOWS, and
KIMBERLY VELLEMAN,
Defendants.
______________________________________________________________________
ORDER
_____________________________________________________________________
On April 29, 2016, I screened plaintiff’s second amended complaint and allowed him
to proceed on claims against three nurses and a doctor. Plaintiff did not know the names of
the defendants, so I ordered him to use discovery to identify them. On October 22, 2016, I
allowed plaintiff to substitute Adeyemi Fatoki for the unknown doctor. On November 2,
2016, plaintiff filed a motion to substitute Emily Blozinski, Brigit Belows, and Kimberly
Velleman for the three unknown nurses. I will grant plaintiff’s motion.
In addition, in my screening order, I had ordered that Brown County Sheriff John
Gossage be named as a defendant for the limited purpose of assisting plaintiff in
identifying the unknown defendants. Now that all defendants have been identified, Sheriff
Gossage’s participation in this lawsuit is no longer necessary.
NOW, THEREFORE, IT IS ORDERED that the Clerk of Court will update the
caption of this lawsuit by substituting Emily Blozinski, Brigit Belows, and Kimberly
Velleman for Jane Doe Nurses 1-3.

IT IS FURTHER ORDERED that the United States Marshal shall serve a copy of
the second amended complaint and this order upon Emily Blozinski, Brigit Belows, and
Kimberly Velleman pursuant to Federal Rule of Civil Procedure 4. Plaintiff is advised that
Congress requires the U.S. Marshals Service to charge for making or attempting such
service. 28 U.S.C. § 1921(a). The current fee for waiver-of-service packages is $8.00 per
item mailed. The full fee schedule is provided at 28 C.F.R. §§ 0.114(a)(2), (a)(3). Although
Congress requires the court to order service by the U.S. Marshals Service precisely
because in forma pauperis plaintiffs are indigent, it has not made any provision for these
fees to be waived either by the court or by the U.S. Marshals Service.
IT IS ALSO ORDERED that Emily Blozinski, Brigit Belows, and Kimberly Velleman
shall file a responsive pleading to the complaint.
IT IS FURTHER ORDERED that John Gossage is DISMISSED as defendant.
Dated at Milwaukee, Wisconsin, this 7th day of November, 2016.
s/ Lynn Adelman
______________________
LYNN ADELMAN
District Judge

2