O'Grady, Michael v. Carlson, Tersa et al

Filing 24

ORDER that the November 16, 2012, order dismissing this case as frivolousis AMENDED so that it is limited to plaintiff Michael O'Grady's claims against defendants Teresa Carlson and James Santelle. The clerk of court is directed to enter judgment in favor of those two defendants and close this case. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MICHAEL O’GRADY,
ORDER
Plaintiff,
12-cv-388-bbc
v.
TERESA L. CARLSON and JAMES L. SANTELLE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendants Teresa Carlson and James Santelle removed this case from state court
under 28 U.S.C. § 1442(a)(1), which applies in a case filed against federal officers “relating
to any act under color of such office.” In an order dated November 16, 2012, dkt. #23, I
dismissed the case on the court’s own motion on the ground that it was frivolous. I included
several state officials on the caption because they were included on plaintiff’s complaint and
defendants Carlson and Santelle did not suggest in their notice that they were removing only
a portion of the case.
However, it has come to my attention that the state court officials were dismissed by
the state court before defendants Carlson and Santelle removed the case. Dkt. #4 at 2. That
portion of the case is now on appeal before the Wisconsin Court of Appeals. O’Grady v.
Kohlway, Case no. 2012cv179, available at http://wcca.wicourts.gov. Accordingly, I will
amend the November 16 order so that it is limited to defendants Carlson and Santelle.

ORDER
IT IS ORDERED that the November 16, 2012, order dismissing this case as frivolous
is AMENDED so that it is limited to plaintiff Michael O’Grady’s claims against defendants
Teresa Carlson and James Santelle. The clerk of court is directed to enter judgment in favor
of those two defendants and close this case.
Entered this 20th day of November, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge