Goodwin, Mecquon v. Greer, James et al

Filing 15

ORDER that for the remainder of this lawsuit, with respect to the defendants Tammy Maassen, Dr. Kenneth Adler, Susan Nygren, Dr. Enrique Luy, William McCreedy, Barbara Behrand and Dr. Timothy Correll, plaintiff need only send a copy of his filings i n this case to the court pursuant to an informal service agreement with the Wisconsin Department of Justice. Dr. Williams 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MECQUON GOODWIN,

v.

Plaintiff,

ORDER
16-cv-96-jdp

TAMMY MAASSEN, DR. KENNETH ADLER,
SUSAN NYGREN, DR. ENRIQUE LUY,
WILLIAM MCCREEDY, DR. WILLIAMS,
BARBARA BEHRAND, and DR. TIMOTHY CORRELL1,
Defendants.

In an order entered on June 2, 2016, plaintiff Mecquon Goodwin was granted leave to
proceed in forma pauperis against defendants Tammy Maassen, Dr. Kenneth Adler, Susan
Nygren, Dr. Enrique Luy, William McCreedy, Dr. Williams, Barbara Behrand and Dr.
Timothy Correll.

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 Dr. Williams.
Although the Attorney General’s office has indicated that it cannot identify defendant
Dr. Williams, plaintiff may be able to provide further information about Dr. Williams which
will allow defendant to be served later in this case. Even though plaintiff does not know the
full name of Dr. Williams, “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.”
I have amended the caption to replace T. Maassen with the name Tammy Maassen; Dr. Ken Adler
with the name Dr. Kenneth Adler; Dr. Luy with Dr. Enrique Luy; B. Behrand with Barbara Behrand;
and Dr. T. Correll with Dr. Timothy Correll as identified in the Acceptance of Service.

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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
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 Tammy
Maassen, Dr. Kenneth Adler, Susan Nygren, Dr. Enrique Luy, William McCreedy, Barbara
Behrand and Dr. Timothy Correll. If the identity of defendant Dr. Williams 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

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