Almond, Dwayne v. Pollard, William et al

Filing 19

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 17 Notice of Appeal. (Attachments: # 1 Info Sheet, # 2 4/22/2014 Order, # 3 4/22/2014 Judgment, # 4 Copy of April 8, 2014 Letter to Warden Pollard, # 5 Copy of dkt. 10 filed 4/14/2014, # 6 Docket Sheet) (elc),(ps)

Case: 3:14-cv-00005-bbc Document #: 13 Filed: 04/22/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DWAYNE ALMOND,
Plaintiff,

OPINION and ORDER

v.

14-cv-05-bbc

WILLIAM POLLARD, PAUL SUMNICHT,
AMY SCHRAUFNGED, S. JACKSON,
ANGLIA KROLL, DAVID BURNETT,
SCOTT HOFTIEZER, JIM GREER,
MARY MUSE, BELINDA SCHRUBBE
and OFFICIAL JONES,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Dwayne Almond, a prisoner incarcerated at the Waupun Correctional
Institution, has a long history of unsuccessful litigation in this court. In an August 28, 2013
order in plaintiff’s most recent case, I imposed the following sanction:
As a means of avoiding additional waste of court resources responding to
frivolous complaints containing only the magic words “imminent danger”
rather than conditions truly passing muster under § 1915(g), the court will bar
plaintiff from proceeding in forma pauperis on future “imminent danger”
claims relating to his perceived back and abdomen ailments unless plaintiff's
complaint is accompanied by records showing that plaintiff has been
diagnosed with new ailments and is failing to receive treatment for them.
Future “imminent danger” lawsuits filed by plaintiff regarding back and
abdomen problems that do not include such documentation will be deemed
automatically dismissed after 30 days unless the court orders otherwise.
Alexander v. United States, 121 F.3d 312, 315 (7th Cir.1997).
Almond v. Pollard, case no. 12-cv-259-bbc (W.D. Wis. Aug. 28, 2013).
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Case: 3:14-cv-00005-bbc Document #: 13 Filed: 04/22/14 Page 2 of 3

Plaintiff’s complaint in this case does not relate to his back or abdomen. Rather, he
states that he has had a small bleeding hemorrhoid for more than ten months that has gone
untreated. In a February 14, 2014 order, I stated that plaintiff’s allegations met nether the
imminent danger requirement of 28 U.S.C. § 1915(g) nor the requirement to proceed on an
Eighth Amendment claim that plaintiff suffered from a serious medical need. I directed
plaintiff to submit an amended complaint more fully describing the seriousness of his
medical condition. Now plaintiff has responded to the February 14, 2014 order by filing an
amended complaint, a motion to supplement the amended complaint and motions for
injunctive relief regarding interference with his legal mail.
After considering all of his submissions, I conclude that plaintiff has not adequately
address my concern that his allegations do not meet either the imminent danger standard
of section 1915(g) or the substantive elements of an Eighth Amendment claim. Nothing in
plaintiff's amended complaint or proposed supplement to his complaint suggests that he is
suffering from anything other than a small bleeding hemorrhoid. In his supplement, he
states that he became sick after eating food containing a "dead mashed fly inside." Beside
the fact that plaintiff almost certainly cannot bring a claim about his food in the current
lawsuit because it is totally unrelated to the medical claim concerning his hemorrhoid, Fed.
R. Civ. P. 20, this claim would not meet the imminent danger standard or Eighth
Amendment standard in its own right.
Moreover, to the extent that plaintiff has submitted motions for preliminary
injunctive relief concerning his legal mail, I have no reason to believe that he has been barred

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Case: 3:14-cv-00005-bbc Document #: 13 Filed: 04/22/14 Page 3 of 3

from filing anything in this case. Rather, plaintiff has been able to file multiple documents.
The problem for plaintiff is that those documents do not show either that he is in imminent
danger of serious physical harm or that he has a serious medical need necessary to prevail on
an Eighth Amendment claim. Accordingly, I will dismiss the case in its entirety for plaintiff's
failure to state a claim upon which relief may be granted and deny plaintiff's motions for
injunctive relief and to supplement his complaint as futile.

ORDER
IT IS ORDERED that
1. Plaintiff Dwayne Almond is DENIED leave to proceed on his Eighth Amendment
claim and this case is DISMISSED for plaintiff’s failure to state a claim upon which relief
may be granted.
2. Plaintiff’s motions for injunctive relief, dkt. ##9, 10, and motion to supplement
his amended complaint, dkt. #11, are DENIED as futile.
3. The clerk of court is directed to close this case.
Entered this 22nd day of April, 2014.

BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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