Kelly, Andre v. VanVorst, S. et al

Filing 42

ORDER denying without prejudice 37 Motion for Summary Judgment. Defendant may have until June 6, 2014 to refile and serve a renewed motion. Signed by District Judge Barbara B. Crabb on 5/22/2014. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ANDRE M. KELLY,
ORDER
Plaintiff,
13-cv-651-bbc
v.
C/O A. PETERSON, C/O KE CASPERSES
and C/O COFFEE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ANDRE M. KELLY,
ORDER
Plaintiff,
13-cv-677-bbc
v.
S. VAN VORST and
NURSES ON 9-11-13, 3 TO 11 STAFF,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In these two cases, pro se prisoner Andre M. Kelly is proceeding on claims that
officials at the Dane County jail violated his constitutional rights by failing to provide
appropriate medical care for his seizures. In both cases, defendants have filed motions for
summary judgment on the ground that [;aomtoff failed to exhaust his administrative
remedies. However, plaintiff has not responded to either of these motions. This may be

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because plaintiff did not receive either motion. Since defendants filed their motions, plaintiff
was transferred from the Dane County jail, first to the Dodge Correctional Institution and
then to the Red Granite Correctional Institution. To avoid any potential unfairness, I am
requesting that defendants serve their motions on plaintiff again at his new address.

ORDER
IT IS ORDERED that the motions for summary filed defendants Peterson, Casperses
and Coffee, dkt. #35 (case no. 13-cv-651-bbc), and by defendant Van Vorst, dkt. #37 (case
no. 13-cv-677-bbc), are DENIED WITHOUT PREJUDICE. Defendants may have until
June 6, 2014 to refile and serve a renewed motion.
Entered this 22nd day of May, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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