Grovogel v. Doe et al

Filing 25

ORDER signed by Judge Pamela Pepper on 11/27/2018. US Marshal to serve copy of second amended complaint and this order on defendant Karen Butler under FRCP 4. Defendant Butler to file responsive pleading to second amended complaint. Defendants Jane Doe LPN and Racine County Sheriff DISMISSED. (cc: all counsel, via mail to Ronald Grovogel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
RONALD W. GROVOGEL,
Plaintiff,
v.

Case No. 16-cv-1274-pp

KAREN BUTLER, JANE DOE, LPN,
and RACINE COUNTY SHERIFF,
Defendants.
______________________________________________________________________________
ORDER DIRECTING UNITED STATES MARSHAL TO SERVE DEFENDANT
KAREN BUTLER AND DISMISSING DEFENDANT JANE DOE LPN AND
NOMINAL DEFENDANT RACINE COUNTY SHERIFF
______________________________________________________________________________
Plaintiff Ronald W. Grovogel is representing himself, and was a prisoner
when he filed his complaint under 42 U.S.C. §1983, challenging various
aspects of his confinement at the Racine County Jail. Dkt. No. 1. On May 9,
2018, the court screened the second amended complaint, dkt. no. 19, and
allowed the plaintiff to proceed on claims that the Jane Doe defendants acted
with deliberate indifference to his serious medical needs when they allegedly
failed to treat his shoulder injury, dkt. no. 20 at 6. The court told the plaintiff
that he would need to use discovery to identify the names of the Jane Doe
nurses. Id.
To allow the plaintiff to learn the identities of the Jane Doe defendants,
the court directed service of the second amended complaint on the Racine
County Sheriff. Id. The court ordered that “once the Racine County Sheriff has
received the second amended complaint, the plaintiff may submit questions to
1

the Sheriff, or ask the Sheriff for documents, relating only to identifying the
Jane Doe defendants.” Id. at 7. The court also ordered, “Once the plaintiff has
learned the names of the nurses, the plaintiff shall send the court a letter,
asking the court to substitute the actual names for the ‘Jane Doe’ place
holders.” Id.
On November 7, 2018, the plaintiff filed a letter stating that he had
identified defendant Jane Doe RN as “Registered Nurse Dr. Karen Butler.” Dkt.
No. 24. The clerk’s office has updated the docket and the court will order the
United States Marshal to serve the second amended complaint on defendant
Butler.
The plaintiff’s letter does not mention the other Jane Doe defendant,
Jane Doe LPN, and he has not identified her. The court will dismiss this Doe
defendant. The court also will dismiss the Racine County Sheriff, who is a
defendant solely for the purpose identifying the Doe defendants.
The court ORDERS the United States Marshal to serve a copy of the
second amended complaint (Dkt. No. 19) and this order on defendant Karen
Butler under Federal Rule of Civil Procedure 4. Congress requires the U.S.
Marshals Service to charge for making or attempting such service. 28 U.S.C.
§1921(a). Although Congress requires the court to order service by the U.S.
Marshals Service, it has not made any provision for either the court or the U.S.
Marshals Service to waive these fees. The current fee for waiver-of-service
packages is $8.00 per item mailed. The full fee schedule is provided at 28

2

C.F.R. §§0.114(a)(2), (a)(3). The U.S. Marshals will give the plaintiff information
on how to remit payment. The court is not involved in collection of the fee.
The court ORDERS defendant Karen Butler to file a responsive pleading
to the second amended complaint.
The court DISMISSES defendant Jane Doe LPN and nominal defendant
Racine County Sheriff.
Dated at Milwaukee, Wisconsin this 27th day of November 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

3