Collins Bey, Robert v. Haines, Tim et al

Filing 72

ORDER accepting plaintiff's 55 amended complaint at the operative pleading in this case. Plaintiff is GRANTED leave to proceed on an Eighth Amendment claim against defendant Gary Boughton for failing to respond to his complaint about the lack of adequate dental treatment. Signed by District Judge James D. Peterson on 8/27/2015. (jef),(ps)

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

ROBERT L. COLLINS BEY,
ORDER
Plaintiff,
v.

13-cv-618-jdp

TIM HAINES, PETER HUIBREGTSE,
MICHAEL MEISNER, TONY ASHWORTH,
MARY MILLER, CINDY SAWINSKI,
KAREN ANDERSON, CYNTHIA M. THORPE,
DR. JAMES THORPE, DR. JAMES WOMMACK,
DR. WILLIAM GISWOLD, DR. TOM BOSTON,
and GARY BOUGHTON,
Defendants.

In this case, plaintiff Robert L. Collins Bey, an inmate housed at the Wisconsin
Secure Program Facility, is proceeding on Eighth Amendment deliberate indifference and
state law negligence claims regarding defendant prison officials’ alleged failure to provide him
with adequate dental care. Currently before the court is plaintiff’s amended complaint,
Dkt. 55, filed without need for leave from the court, as instructed in Magistrate Judge
Crocker’s preliminary pretrial conference order. The new complaint is accepted as the
operative pleading.
I do not understand the complaint to be altering the nature of the claims on which
plaintiff is already proceeding. Rather, plaintiff adds supplemental allegations that he
continues to wait for tooth extraction and replacement dentures. I understand plaintiff to be
adding an Eighth Amendment claim against defendant Gary Boughton, WSPF warden, for
failing to respond to his complaint about the lack of dental treatment. I will allow plaintiff to

proceed on this claim for the same reasons he was allowed to proceed on his existing Eighth
Amendment claims against various prison officials.

ORDER
IT IS ORDERED that:
1.

Plaintiff Robert L. Collins Bey’s amended complaint, Dkt. 55, is accepted as
the operative pleading in this case.

2.

Plaintiff is GRANTED leave to proceed on an Eighth Amendment claim
against defendant Gary Boughton for failing to respond to his complaint about
the lack of adequate dental treatment.

Entered August 27, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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