Almond, Dwayne v. Baenen, Michael et al

Filing 5

ORDER that plaintiff may have until July 23, 2012 to submit a proposed amended complaint that includes all of the claims he wishes to bring against the defendants named in case nos. 12-cv-241-bbc, 12-cv-259-bbc, 12-cv-302-bbc and 12-cv-342-bbc. The p roposed amended complaint will be docketed in case no. 12-cv-259-bbc. The clerk of court is directed to administratively close case nos. 12-cv-241-bbc, 12-cv-302-bbc and 12-cv-342-bbc. Plaintiff will not owe filing fees for those actions. Signed by District Judge Barbara B. Crabb on 7/3/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DWAYNE ALMOND,
Plaintiff,

ORDER

v.

12-cv-241-bbc

WARDEN MICHAEL BAENEN,
DR. RICHARD HEIDORN M.D.,
JEANANNE ZWIERS and JEAN LUTSEY R.N.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DWAYNE ALMOND,
Plaintiff,

ORDER

v.

12-cv-259-bbc

WARDEN MICHAEL BAENEN,
DR. RICHARD HEIDORN M.D.,
JEANANNE ZWIERS, JEAN LUTSEY R.N..
WARDEN WILLIAM POLLARD,
DR. SUMINICHT, M.D.,
SUPERVISOR R.N. SCHRUBBE,
R.N. AMY SCHRAUFNGED, R.N. S. JACKSON,
ANGLIA KROLL (ICE -PA),
SUPERVISOR ICE (“JOHN DOE”),
DR. DAVID BURNETT, B.H.S. MEDICAL. D.,
DR. SCOTT HOFTIEZER, B.H.S. A.M.D.,
MR. JIM GREER, B.H.S. DIRECTOR,
MS. MARY MUSE, B.H.S. DIRECTOR OF NURSING,
MONICA-BURKERT-BRIST, ATTORNEY GENERAL,
CRYSTAL A. BANSE, ATTORNEY GENERAL,
J.B. VAN HOLLEN, and OFFICIAL JONES,
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Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DWAYNE ALMOND,
Plaintiff,

ORDER

v.

12-cv-302-bbc

WARDEN WILLIAM POLLARD,
DR. SUMINICHT, M.D.,
SUPERVISOR R.N. SCHRUBBE,
R.N. AMY SCHRAUFNGED, R.N. S. JACKSON,
ANGLIA KROLL (ICE -PA),
SUPERVISOR ICE (“JOHN DOE”),
DR. DAVID BURNETT, B.H.S. MEDICAL. D.,
DR. SCOTT HOFTIEZER, B.H.S. A.M.D.,
MR. JIM GREER, B.H.S. DIRECTOR and
MS. MARY MUSE, B.H.S. DIRECTOR OF NURSING,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DWAYNE ALMOND,
Plaintiff,

ORDER

v.

12-cv-342-bbc

WARDEN WILLIAM POLLARD,
DR. SUMINICHT, M.D.,
SUPERVISOR R.N. SCHRUBBE,
R.N. AMY SCHRAUFNGED
and R.N. S. JACKSON,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Dwayne Almond, an inmate at the Waupun Correctional Institution, has

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filed the four above-captioned civil rights actions under 42 U.S.C. § 1983, all focusing on
the lack of treatment he has received for his back and abdominal maladies. (Plaintiff styled
his pleading in case no. 12-cv-241-bbc as a petition for a writ of habeas corpus, but after
prompting from the court, he states that he would like that case to proceed as a § 1983
action.) In particular, plaintiff states that prison medical staff has refused to treat him even
following tests showing that he is suffering from bleeding in his digestive tract.
Although plaintiff’s pleadings are somewhat difficult to understand, it is clear that
there is no reason to proceed in four parallel lawsuits when one will suffice. Unfortunately,
plaintiff’s allegations in each of the four lawsuits are not identical, and it would be unwieldy
for the court to screen the four complaints and defendants to answer bits and pieces from
them. I conclude that the most efficient way to proceed is for plaintiff to provide one
amended complaint that covers all of the claims he wishes to raise in each of the abovecaptioned lawsuits. Because all of the defendants named in plaintiff’s lawsuits are listed as
defendants in case no. 12-cv-259-bbc, plaintiff’s amended complaint will be docketed in that
action. The other three lawsuits will be closed administratively and plaintiff will not owe the
$350 filing fee for each of those actions.
In preparing his amended complaint, plaintiff should explain how each defendant was
involved in violating his rights. He will need to explain how each defendant was aware of
his medical problems and what he or she did or did not do in response. Also, as I have stated
in previous orders in plaintiff’s cases, he should not include massive block quotes of previous
decisions made by this court; they serve only to confuse the reader.

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ORDER
IT IS ORDERED that
1. Plaintiff Dwayne Almond may have until July 23, 2012 to submit a proposed
amended complaint that includes all of the claims he wishes to bring against the defendants
named in case nos. 12-cv-241-bbc, 12-cv-259-bbc, 12-cv-302-bbc and 12-cv-342-bbc. The
proposed amended complaint will be docketed in case no. 12-cv-259-bbc.
2. The clerk of court is directed to administratively close case nos. 12-cv-241-bbc, 12cv-302-bbc and 12-cv-342-bbc. Plaintiff will not owe filing fees for those actions.
Entered this 3d day of July, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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