Winston v. Hannah et al

Filing 20

ORDER signed by Judge J.P. Stadtmueller on 4/4/2017 GRANTING 15 Plaintiff's Motion for Leave to file Amended Complaint and DENYING as moot 17 Plaintiff's Motion for Extension of Time. Copies of Amended Complaint and this Order to be electronically sent to Milwaukee County for service on newly identified defendants; such defendants to file responsive pleading within 60 days. (cc: all counsel, via mail to Michael L. Winston at Columbia Correctional Institution) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL L. WINSTON,
Plaintiff,

Case No. 16-CV-1420-JPS

v.
LT. HANNAH, LT. TOWNS, ERIN
QUANDT, OFFICER DANZLER, and
OFFICER EMANUELE,

ORDER

Defendants.

On March 28, 2017, Plaintiff filed a motion for leave to amend his
complaint. (Docket #15). Plaintiff seeks to provide the true identities of the
John Doe defendants and adjust his demand for relief slightly. Id. Plaintiff
does not attempt to add new substantive allegations.1 Further, Defendants
have responded that they do not oppose Plaintiff’s proposed amendment.
(Docket #16). The motion will, therefore, be granted and his amended
complaint (Docket #15-1) shall be his operative pleading in this matter.2
Plaintiff shall continue to proceed on the claim identified in the Court’s
December 13, 2016 screening order. (Docket #9 at 5). The Court will remove
the John Doe placeholders from the case caption.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to file an amended

1

Plaintiff also adds a “legal theory” section to his complaint but it is of no
effect; a pleading is not the vehicle for making legal arguments.
2

Plaintiff also filed a motion for an extension of time related to amending
his complaint, but it was docketed in his other pending case. (Docket #17). The
motion will be denied as moot.

complaint (Docket #15) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that Plaintiff’s motion for an extension
of time (Docket #17) be and the same is hereby DENIED as moot;
IT IS FURTHER ORDERED that pursuant to the informal service
agreement between Milwaukee County and this Court, copies of plaintiff’s
complaint and this order will be electronically sent to Milwaukee County for
service on the newly identified defendants; and
IT IS FURTHER ORDERED that, pursuant to the informal service
agreement between Milwaukee County and this Court, the newly identified
defendants shall file a responsive pleading to the complaint within sixty (60)
days of receiving electronic notice of this order.
Dated at Milwaukee, Wisconsin, this 4th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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