Godwin, Roger Dale v. Tidquist, Nancey et al

Filing 36

ORDER staying plaintiff's 1 motion for preliminary injunctive relief. Plaintiff may have until May 5, 2011 to file a brief in support and supporting materials regarding exhaustion of administrative remedies. Plaintiff may have until May 5, 2011 to submit a trust fund account statement. Signed by Magistrate Judge Stephen L. Crocker on 4/21/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROGER DALE GODWIN,
Plaintiff,

ORDER

v.
10-cv-573-bbc
NANCEY TIDQUIST, TAMMY MAASSEN,
DR. ADLER, RANDALL HEPP, JODI
DOUGHERTY, HOLLY A. GUNDERSON
and RICK RAEMISCH,
Defendants.

Plaintiff Roger Dale Godwin, a prisoner at the Jackson Correctional Institution, is
proceeding on Eighth Amendment claims against defendants for failing to provide him with
adequate treatment for his serious skin condition. In a January 11, 2011 order, Judge Barbara
Crabb construed plaintiff's complaint as including a motion for preliminary injunctive relief and
set a briefing schedule on that motion. In their response, defendants argue that the motion
should be denied because plaintiff has failed to exhaust his administrative remedies regarding his
claims. If this is true, it would also mean that the entire case would have to be dismissed. I
conclude that it would be appropriate to have plaintiff respond to this argument. Accordingly,
I will give plaintiff until May 5, 2011 to submit to the court a brief explaining whether he has
exhausted his administrative remedies regarding his claims that defendants have not treated his
skin condition. He should also submit any documents that support his brief.
In addition, plaintiff has filed a motion to waive the $2.68 initial partial payment of the
$350 filing fee that was assessed in the court's January 11, 2011 order. Plaintiff states that he
does not have $2.68 in his trust fund account and that he no longer receives deposits to his
account because disabilities keep him from working. 28 U.S.C. § 1915(b)(4) states "In no event

shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and no means by which to pay the initial
partial filing fee." However, without further financial information from plaintiff, I cannot tell
whether he truly has no assets or no means by which to pay an initial partial payment.
Therefore I will give plaintiff until May 5, 2011 to submit trust fund account information for
the time period from September 24, 2010 (the last date for which the court has plaintiff's
financial information) to the present.

ORDER
It is ORDERED that:
(1)

A ruling on plaintiff's motion for preliminary injunctive relief, dkt.
1, is STAYED pending plaintiff's submission of a brief and
supporting materials regarding exhaustion of administrative
remedies. Plaintiff may have until May 5, 2011 to file these
materials.

(2)

Plaintiff may have until May 5, 2011 to submit trust fund account
information for the time period from September 24, 2010 to the
present.

Entered this 21st day of April, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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