SIMPSON v. RAEMISCH et al

Filing 140

ORDER denying as unnecessary 137 Motion to correct and modify the record on appeal ; granting 138 Motion to Unseal Documents that were sealed in this case. Signed by Chief Judge Barbara B Crabb on 3/25/09. (krj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN -------------------------------------------WILLIE C. SIMPSON, ORDER Plaintiff, 0 8 - cv -5 4 - b b c v. D AL IA SULIENE and LORI ALSUM, D efendan ts. -------------------------------------------Plaintiff has moved the court to "correct and modify the record" on appeal in this case p ursu an t to Fed. R. App. P. 10(e). In particular, he asks that exhibits numbered 30, 31 and 33 attached to his affidavit in support of his October 30, 2008 motion for summary judgm ent (dkt. #96) and exhibits numbered 1-14 attached to his affidavit in support of his Ju ne 25, 2008 motion for a preliminary injunction (dkt. #54) be included in the record on appeal. All of the exhibits plaintiff identifies in his request already are a part of the record on appeal. Although the docket entries do not state expressly that the affidavits include attached exhibits, the exhibits have been scanned electronically into the record and appear w ith the relevant affidavits. Therefore, plaintiff's motion to correct and modify the record on appeal (dkt. #137) will be denied as unnecessary. 1

Plaintiff asks as well in a motion titled "Plaintiff-Appellant Motion to Unseal the Pro ceeding in this Case" (dkt. #138) that all documents he sought to have sealed in c o n n e ctio n with this case be unsealed and made public. He notes that it was a "painful m istake on the plaintiff's part" to ask earlier that the documents be sealed to protect his privacy and that he now wishes his medical records and whatever references the parties made to them during the course of the proceedings to be unsealed so that his family, prison advo cate groups and lawyers are able to review the filings. This request will be granted.

ORDER IT IS ORDERED that plaintiff's motion to correct and modify the record on appeal (dkt. #137) is DENIED as unnecessary; his motion to unseal documents that were sealed durin g the course of these proceedings (dkt. #137) is GRANTED. The clerk of court is directed to unseal all documents that were sealed during the pendency of this case. E n tered this 25t h day of March, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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