Williams, Jessie v. Jones et al

Filing 8

ORDER that plaintiff Jessie Williams may have until July 2, 2013, to tell the court whether he wishes to proceed with his claim against defendant Jones or his claim against defendant Braemer under the number assigned to this case. Plaintiff must pick one and only one of these claims to proceed under case no. 13-cv-248-bbc. Plaintiff may have until July 2, 2013, to advise the court whether he wishes to pursue the other claim under a separate case number; or dismiss the other claim without preju dice so that he may file it at a later date. If plaintiff dismisses the other claim voluntarily, he will not owe a second filing fee. If he chooses to pursue the other claim, he will owe a separate $350 filing fee and will be assessed another in itial partial payment. If plaintiff fails to respond to this order by July 2, 2013, I will enter an order dismissing the lawsuit as it presently exists without prejudice for plaintiff's failure to prosecute it. Judge Barbara B. Crabb on 6/18/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JESSIE WILLIAMS,
OPINION AND ORDER
Plaintiff,
13-cv-248-bbc
v.
C.O. JONES and BRAEMER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Jessie Williams, a prisoner at the Waupun Correctional Institution,
has filed a proposed complaint that includes two claims, one from December 2012 about
defendant Jones’s alleged refusal to give plaintiff his inhaler when he suffered from an
asthma attack and one from December 2009 about defendant Braemer’s treatment of
plaintiff while he was in an observation cell. I cannot allow plaintiff to proceed on either of
these claims at this time because his complaint violates Rule 20 of the Federal Rules of Civil
Procedure. Under that rule, a plaintiff may not join unrelated claims against different
defendants in the same lawsuit. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
Because plaintiff's two claims involve different incidents and different defendants, they
cannot proceed as part of the same lawsuit.
Plaintiff must choose which claim he wishes to pursue in this case under case no. 13cv-248-bbc. In other words, plaintiff must pick one claim to pursue in this case, his claim

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against defendant Jones or his claim against defendant Braemer. If plaintiff wants to pursue
both claims, he will have to do that in separate lawsuits and he will be responsible for paying
a second filing fee. (Plaintiff was not required to make an initial partial payment of the filing
fee under 28 U.S.C. § 1915(b)(1) because he does not have the means to do so, but he
remains responsible for paying the filing fee in installments to the extent that he is able to
do so, in this case and any other that he files.)
In addition, plaintiff may be subjected to a separate strike under 28 U.S.C. § 1915(g)
for each lawsuit he pursues if the lawsuit is dismissed for failure to state a claim upon which
relief may be granted. As plaintiff may be aware, once a prisoner receives three strikes, he is
not able to proceed in new lawsuits without first paying the full filing fee in advance except
in very narrow circumstances. 28 U.S.C. § 1915(g).
Alternatively, plaintiff may choose to dismiss the other claim voluntarily. If he
chooses this latter route, he will not owe additional filing fees or face a strike for the claim
he dismisses. Any claim dismissed voluntarily would be dismissed without prejudice, so
plaintiff would be able to bring it at another time, so long as he files it before the statute of
limitations has run.
Because it is not clear at this time which of his claims he will pursue, I have not yet
decided the merits of plaintiff’s claims or determined whether the allegations satisfy the
pleading standards in Rule 8 of the Federal Rules of Civil Procedure.

Once plaintiff

identifies the claim or claims he wants to continue to litigate, I will screen the complaint as
required under 28 U.S.C. §§ 1915(e)(2) and 1915A. Because plaintiff faces filing fees and

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potential strikes for each lawsuit he pursues, he should consider carefully the merits and
relative importance of each of his potential lawsuits when choosing which of them he wishes
to pursue.

ORDER
IT IS ORDERED that
1. Plaintiff Jessie Williams may have until July 2, 2013, to tell the court whether he
wishes to proceed with his claim against defendant Jones or his claim against defendant
Braemer under the number assigned to this case. Plaintiff must pick one and only one of
these claims to proceed under case no. 13-cv-248-bbc.
2. Plaintiff may have until July 2, 2013, to advise the court whether he wishes to (1)
pursue the other claim under a separate case number; or (2) dismiss the other claim without
prejudice so that he may file it at a later date.
3. If plaintiff dismisses the other claim voluntarily, he will not owe a second filing fee.
If he chooses to pursue the other claim, he will owe a separate $350 filing fee and will be
assessed another initial partial payment.
4. If plaintiff fails to respond to this order by July 2, 2013, I will enter an order
dismissing the lawsuit as it presently exists without prejudice for plaintiff's failure to

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prosecute it.
Entered this 18th day of June, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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