Walker, Eddie v. Stone, Dr. et al

Filing 4

ORDER dismissing this case without prejudice to consideration in Eddie D. Walker v. Kenosha County Jail, et al., No. 12-cv-141 (E.D. Wis.). The clerk's office will send a copy of this order along with a copy of Walker's proposed supplemental complaint (Dkt. # 1 ) to the Clerk of Court for the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 7/30/2013. (jef),(ps)

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

EDDIE D. WALKER,
Plaintiff,

ORDER
13-cv-471-wmc

v.

DR. STONE, et al.,
Defendants.

On July 2, 2013, the court received a proposed civil complaint pursuant to 42
U.S.C. § 1983 from state inmate Eddie D. Walker, concerning the conditions of his
confinement at the Kenosha County Jail. On July 8, 2013, the court ordered him to
either pay the filing fee or submit a certified copy of his inmate trust fund account for the
previous six months on or before July 29, 2013, in compliance with the Prison Litigation
Reform Act ("PLRA"), 28 U.S.C. § 1915(a)(2).
Walker, who is presently incarcerated in the Waupun Correctional Institution, has
not complied with the July 8 order as directed. Instead, he advises the court that his
proposed complaint was not intended to open a new civil action. (Dkt. # 3). Walker
explains that the proposed complaint is intended to "supplement" an original pleading in
another case filed previously in the Eastern District of Wisconsin. See Eddie D. Walker v.

Kenosha County fail, et al., No. 12-cv-141. Walker reasons, therefore, that he should not
have to pay "another filing fee" for supplementing his complaint in that case.

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-Although Walker sends mixed signals about where he wants to litigate his claims,
he clearly wishes to proceed with the complaint that he filed in Case No. 12-cv-141 in
the Eastern District of Wisconsin, where the action was properly filed. See 28 U.S.C.
§§ 130(a), 1391(b). Because the Eastern District has already screened the pleadings in

that case as required by the PLRA, 28 U.S.C. § 1915A, it would be inappropriate for this
court to assume jurisdiction and adjudicate the same subject matter. Accordingly, the
court will close this case and transfer a copy of the proposed supplemental complaint to
the Eastern District of Wisconsin.
ORDER
IT IS ORDERED that:
l. The complaint filed by plaintiff Eddie D. Walker is DISMISSED without

prejudice to consideration in Eddie D. Walker v. Kenosha County fail, et al.,
No. 12-cv-141 (E.D. Wis.).
2. The clerk's office will send a copy of this order along with a copy of
Walker's proposed supplemental complaint (Dkt. # 1) to the Clerk of
Court for the Eastern District of Wisconsin.
Entered this 30th day of July, 2013.
BY THE COURT:

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