Soto, Jose v. Kelley et al

Filing 25

ORDER granting 24 Motion for Screening Order; granting 24 Motion for Extension of Time to Answer. Defendants may have 20 days following screening of plaintiff Jose Soto's complaint to answer or otherwise respond to plaintiff's complaint. Signed by Magistrate Judge Peter A. Oppeneer on 9/23/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOSE SOTO,
Plaintiff,

ORDER

v.
Case No. 14-cv-514-jdp
CO KELLY, CO GRANT, CO DONOVAN,
CO GEE, CO CROCKER, TRAVIS
BITTELMAN, DALIA SULIENE, DIANE
LANE, JANEL NICKEL, SGT. HEINECKE,
SGT. ROYCE, SGT. SIRELL, LORI ALSUM,
CAPTAIN RADTKE, CO WILEY,
CO LAFERVE, AND CAPTAIN MORGAN,
Defendants.

Plaintiff Jose Soto, an inmate at the Waupun Correctional Institution, filed this case
through his attorney, Gabriel Galloway, on July 23, 2014. Plaintiff filed a request to proceed
without prepayment of the fees and costs, and on September 2, 2014, the court received
plaintiff’s initial partial filing fee in the amount of $100.19. At that time, the complaint was
placed under advisement to this court for screening under the 1996 Prison Litigation Reform
Act. Under the Act, plaintiff cannot proceed with this action unless the court grants him
permission to proceed after screening his complaint pursuant to 28 U.S.C. § 1915A.
Before the initial partial filing fee was paid, however, plaintiff’s counsel sought waivers
of service of summons from the defendants in this action and the State of Wisconsin
Attorney General’s Office agreed to waive service by summons. Now, the defendants have
filed a motion for the court to issue its screening order and for an extension of time to
respond to plaintiff’s complaint following issuance of the screening order.

Defendants’

request will be granted. Accordingly, IT IS ORDERED that defendants may have 20 days

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following screening of plaintiff Jose Soto’s complaint to answer or otherwise respond to
plaintiff’s complaint.
Entered this 23rd day of September, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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