Carter v. Department of Corrections et al

Filing 12

ORDER signed by Judge Pamela Pepper on 8/21/2018 GRANTING 9 defendant State of Wisconsin, Department of Corrections' MOTION to Dismiss claims against it. Defendant State of Wisconsin Department of Corrections DISMISSED from case. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DONIEL CARTER,
Plaintiff,
v.

Case No. 18-cv-727-pp

STATE OF WISCONSIN
DEPARTMENT OF CORRECTIONS,
and ERIKA WATSON
Defendants.
______________________________________________________________________________
ORDER GRANTING DEFENDANT “STATE OF WISCONSIN DEPARTMENT OF
CORRECTION’S” MOTION TO DISMISS (DKT. NO. 9)
______________________________________________________________________________
Plaintiff Doniel Carter, a former Wisconsin state prisoner, filed a lawsuit
alleging that the “State of Wisconsin Department of Corrections” and Erika
Watson violated his civil rights at the Fox Lake Correctional Institution. Dkt.
No. 1. On July 10, 2018, the “State of Wisconsin, Department of Corrections”
filed a motion to dismiss, asserting that it is entitled to sovereign immunity
under the Eleventh Amendment. Dkt. No. 9. The plaintiff responded to the
motion, indicating that he does not oppose dismissal of this defendant only,
and that he will pursue his claims against individual defendants. Dkt. No. 11
at 2. The court will dismiss this defendant, and will screen the complaint as to
the remaining defendant.
The court GRANTS the “State of Wisconsin, Department of Corrections’”

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motion to dismiss. Dkt. No. 9. The court ORDERS that the State of Wisconsin,
Department of Corrections is DISMISSED as a defendant.
Dated in Milwaukee, Wisconsin this 21st day of August, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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