Mosby v. Doe et al

Filing 14

ORDER denying 10 Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by Chief Judge Barbara B Crabb on 1/27/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------W IL LIE MOSBY, ORDER Plaintiff, 08-cv-677-slc1 v. JU L I E DOE, SUSANNA DOE, S U S AN DOE, KURT DOE, JAMES WOMMACK and D A V ID J. MAHONEY, D efendan ts. --------------------------------------------In this civil action for monetary relief brought under 42 U.S.C. § 1983, plaintiff W illie Mosby, a prisoner at the Wisconsin Secure Program Facility, contends that respondents Julie Doe, Susanna Doe, Susan Doe, Kurt Doe and James Wommack have violated his rights under the Eighth Amendment by denying him dental care and adequate p ain relief medication while plaintiff was housed at the Dane County jail. Now defendant D a n e County Sheriff David J. Mahoney has filed a motion to dismiss the complaint

While this court has a judicial vacancy, the court is assigning 50% of its caseload autom atically to Magistrate Judge Stephen Crocker. For the sole purpose of issuing this ord er, I am assuming jurisdiction over the case.

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pursu an t to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Defendant did not file a brief in support of his motion, but

presum ab ly he moves to dismiss the complaint because it does not allege that he was personally involved in any of the acts about which plaintiff complains. This should not be surprising to defendant because his limited presence in the suit was explained in the court's D ecem ber 17, 2008 order. In that order, I noted that because plaintiff had named a number of "Doe" defendants, it would be necessary to include temporarily a high-ranking official w ho could identify these individuals. That high-ranking official is defendant Mahoney, who is in a position to know or determine the names of dentists and nurses working at the jail. O nce plaintiff discovers the names of the Doe defendants he will be required to amend his com plaint to identify them, and Mahoney will be dismissed. Thus, I will deny defendant's m otio n to dismiss at this time.

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OR DER IT IS ORDERED that defendant David J. Mahoney's motion to dismiss the co m plaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED. E n tered this 27t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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