Lindsey, Leighton v. Cockcroft, Michael et al

Filing 5

ORDER that plaintiff Leighton D. Lindsey must respond as stated in this order by March 25, 2014. If plaintiff does not respond by this date, his complaint will be dismissed. Signed by District Judge Barbara B. Crabb on 3/12/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LEIGHTON D. LINDSEY,
ORDER
Plaintiff,
14-cv-27-bbc
v.
MICHAEL COCKROFT,
ANGELA REUTER and
NURSE WEIDENBECK.
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Leighton D. Lindsey, a prisoner at the Wisconsin Secure Program
Facility, has filed a proposed complaint and is proceeding in forma pauperis. He has paid
the initial partial filing fee, but I cannot yet screen his complaint under 28 U.S.C. § 1915A
because plaintiff has included two separate lawsuits in his complaint.
Under Fed. R. Civ. P. 20, claims arising under different facts against different
defendants may not be joined in the same lawsuit. In this case, plaintiff contends that
defendant Michael Cockroft used excessive force in violation of the Eighth Amendment
when he slammed plaintiff’s “right finger” with the trap door in plaintiff’s cell. Dkt. #1, at
7. Plaintiff contends that nearly a month later the fingernail on that finger “burst[] open”
when he was doing push ups but that the nurses, defendants Angela Reuter and Nurse
Weidenbeck, failed to promptly attend to his injuries and violated the Eighth Amendment

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through deliberate indifference to his serious medical need. Dkt. #1, at 2. Although the
same finger may be involved in both incidents, the incidents themselves are separate and
present distinct factual scenarios, separate alleged harms and different defendants. Plaintiff
cannot combine both actions into one lawsuit so he must tell the court whether he wishes
to proceed on one or both of the lawsuits. If he chooses to pursue just one lawsuit, then he
must say which one or, if he chooses to pursue both, then he must pay another initial partial
filing fee for the other suit. If plaintiff does not respond to this order, his complaint will be
dismissed.

ORDER
IT IS ORDERED that plaintiff Leighton D. Lindsey must respond as stated in this
order by March 25, 2014. If plaintiff does not respond by this date, his complaint will be
dismissed.
Entered this 12th day of March, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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