Lewis, Jerry v. Esser et al

Filing 56

ORDER denying as moot 48 Motion to Compel; granting 53 Motion to Amend Complaint. Under the informal service agreement between the Wisconsin Department of Justice and this court the agreement, the department will have 40 days from the date of t he Notice of Electronic Filing of this order to answer or otherwise plead to plaintiff's complaint if it accepts service for defendant Bohland. Because plaintiff has not made any substantive changes to his complaint, Bohland may adopt the answer filed by the other defendants if he wishes. Signed by District Judge Barbara B. Crabb on 11/20/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JERRY LEE LEWIS,
ORDER
Plaintiff,
14-cv-40-bbc
v.
DANE ESSER, JUSTIN PEAK,
JASON GODFREY and JOHN DOE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Two motions are before the court in this prisoner civil rights case brought under 42
U.S.C. § 1983 and the Eighth Amendment. First, plaintiff has filed a motion to compel
defendants to disclose a photograph of a correctional officer named Benjamin Wohland, who
plaintiff believed could be the last “John Doe” defendant in this case. In response to
plaintiff’s motion, defendants provided the photograph plaintiff requested on their own
accord. After reviewing the photograph, plaintiff filed a motion for leave to amend his
complaint to add Wohland as a defendant.
Accordingly, IT IS ORDERED that plaintiff Jerry Lee Lewis’s motion for leave to
amend his complaint to add Benjamin Wohland as a defendant, dkt. #53, is GRANTED,
and plaintiff’s motion to compel, dkt. #48, is DENIED as moot. Because plaintiff has
identified which allegations in his complaint pertain to defendant Wohland, it is unnecessary
for him to file a new complaint.
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Under the informal service agreement between the Wisconsin Department of Justice
and this court the agreement, the department will have 40 days from the date of the Notice
of Electronic Filing of this order to answer or otherwise plead to plaintiff's complaint if it
accepts service for defendant Bohland. Because plaintiff has not made any substantive
changes to his complaint, Bohland may adopt the answer filed by the other defendants if he
wishes.
Entered this 20th day of November, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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