Weston, Henry v. Pollard, William et al
Filing
37
ORDER that for the remainder of this lawsuit, with respect to the defendants Belinda Schrubbe, Ed Neiser, Dr. Jeffrey Manlove, and Amy Radcliffe, plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Wisconsin Department of Justice. R.N. Cole will be treated as a Doe defendant, whose identity will be ascertained through discovery. Signed by Magistrate Judge Peter A. Oppeneer on 6/29/2016. (jef),(ps) Modified docket text on 6/29/2016 (jef).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HENRY WESTON,
v.
Plaintiff,
ORDER
14-cv-306-jdp
DR. JEFFREY MANLOVE, BELINDA SCHRUBBE,
RN COLE, AMY RADCLIFFE, and ED NEISER1,
Defendants.
In an order entered on June 1, 2016, plaintiff Henry Weston was granted leave to
proceed in forma pauperis against defendants Belinda Schrubbe, R.N. Cole, Ed Neiser, Dr.
Jeffrey Manlove, and Amy Radcliffe. Pursuant to an informal service agreement between the
Wisconsin Department of Justice and this court, the Attorney General's office has filed an
Acceptance of Service of plaintiff's complaint on behalf all defendants, except R.N. Cole.
Although the Attorney General’s office has indicated that it cannot identify defendant
R.N. Cole, plaintiff may be able to provide further information about R.N. Cole which will
allow defendant to be served later in this case. Even though plaintiff does not know the full
name of R.N. Cole, “when the substance of a pro se civil rights complaint indicates the
existence of claims against individual officials not named in the caption of the complaint, the
district court must provide the plaintiff with an opportunity to amend the complaint.”
Donald v. Cook County Sheriff's Department, 95 F.3d 548, 555 (7th Cir. 1996). Magistrate Judge
Stephen Crocker will discuss with the parties, at the soon-to-be-scheduled preliminary
I have amended the caption to replace R.N. Amy Radchiff with the name Amy Radcliffe as identified
in the Acceptance of Service.
1
pretrial conference, the most efficient way to obtain the identification of this defendant, and
will set a deadline for plaintiff to amend the complaint to include this defendant.
The Attorney General’s office has agreed to accept electronic service of documents on
behalf of the defendants it represents through the court’s electronic filing system. This means
that for the remainder of this lawsuit, plaintiff does not have to send a paper copy of each
document filed with the court to the Attorney General’s office or defendants Belinda
Schrubbe, Ed Neiser, Dr. Jeffrey Manlove, and Amy Radcliffe. If the identity of defendant
R.N. Cole is ascertained, the Attorney General’s Office will decide whether to accept
electronic service on defendant’s behalf. Discovery requests or responses are an exception to
the electronic service rule. Usually, those documents should be sent directly to counsel for the
opposing party and do not have to be sent to the court. Discovery procedures will be
explained more fully at the preliminary pretrial conference.
Entered this 29th day of June, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?