Fields, Mafayette v. Deyoung, K. et al

Filing 8

ORDER that plaintiff Mafayette Fields may have until July 8, 2016, to inform the court whether he wishes to continue with this case. Signed by District Judge James D. Peterson on 6/27/2016. (jef),(ps)

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

MAFAYETTE FIELDS,
Plaintiff,
v.
RN K. DEYOUNG, RN KERI NEWBURY,
UNIT MANAGER FRYE, CAPTAIN MORGAN,
HSU MANAGER MASHAK, DR. SYED,
M. DITTMAN, JON LITSCHER, JAMES GEER,
RYAN HOLZMACHER, and MARY MUSE,

ORDER
16-cv-405-jdp

Defendants.
Plaintiff Mafayette Fields brings this lawsuit alleging that prison officials failed to
treat his foot problems by rejecting a doctor’s prescribed accommodation for “soft top” shoes.
Plaintiff seeks leave to proceed in forma pauperis with this case, and the court has assessed
plaintiff an initial partial payment of the filing fee, which plaintiff must pay before I screen
the case under 28 U.S.C. §§ 1915 and 1915A.
Before paying this initial partial payment, plaintiff has written the court, stating that
prison officials are still in the process of reviewing an appeal of his grievances about his
medical treatment. See Dkt. 7. Plaintiff says that he is considering voluntarily dismissing this
case, and asks whether he would have to resubmit all of the filings he has made so far in this
case if he were to dismiss and then refile the case. Id. He also asks whether this case is
considered filed when he pays the filing fee, when the court assessed his initial partial
payment, or some other date. Id.
I give plaintiff the following information so that he can decide whether to proceed
with this case or voluntarily dismiss it: the court will not consider plaintiff to owe the filing

fee for this case until he signals his intention to proceed with it by paying the initial partial
payment of the filing fee he has been assessed. This means that if he chooses to voluntarily
dismiss this case, the case will be dismissed without prejudice to him refiling it at a later date,
and he will owe nothing for this lawsuit. If he later chooses to refile this lawsuit, he should
inform the court of that intention, and I will direct the clerk of court to take all of the
documents he has filed in this case and docket them in his brand-new lawsuit.
I will give plaintiff a short time to inform the court whether he wishes to voluntarily
dismiss this case or signal his intention to continue with this case by submitting his initial
partial payment.

ORDER
IT IS ORDERED that plaintiff Mafayette Fields may have until July 8, 2016, to
inform the court whether he wishes to continue with this case.
Entered June 27, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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