Gilbert, Carl et al v. State of Wisconsin - Department of Health Services et al

Filing 11

ORDER dismissing plaintiff Jerred Washington from the case. Plaintiff Carl C. Gilbert II may have until June 27, 2017, to respond to this court's May 8, 2017 order. Signed by District Judge James D. Peterson on 6/13/2017. (jef),(ps)

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

CARL C. GILBERT, II and JERRED
WASHINGTON,
Plaintiffs,
v.
STATE OF WISCONSIN DEPARTMENT OF
HEALTH SERVICES,
SAND RIDGE SECURE TREATMENT CENTER,
ERIC KNAUTSON, DEBORAH MCCULLOUCH,
DOUG BELILLE, JASON SMITH, PAULA GILE,
ANGIE WESTER, GARY FOX, KIETH RAMSEY,
LORI FOX, DANIEL KATTENBRAKER,
KEITH NESS, LINDA HARRIS, ROBERT
KEEPKINS, VALERIE LITTY, KIM THOMSURE,
MARCUS HUBBARD, SCOTT WALKER, and
JOHN AND JANE DOES 1-80,

OPINION & ORDER
16-cv-729-jdp

Defendants.
Plaintiffs Carl C. Gilbert II and Jerred Washington, both patients civilly committed at
the Sand Ridge Secure Treatment Center under Wisconsin’s sexually violent persons law, Wis.
Stat. ch. 980, brought this action alleging that that Sand Ridge staff members violated their
constitutional rights in several ways.
In a May 8, 2017 order, I discussed two problems with the case. First, plaintiff
Washington neither submitted a motion for leave to proceed in forma pauperis nor responded
to the court’s order asking him to do so. I gave Washington a short time to submit a trust fund
account statement or explain why he is unable to do so.
Second, the complaint suffered from the same problems as plaintiff Gilbert’s other
recent lawsuits in this court. Most notably, plaintiffs “jam[med] into the same lawsuit

seemingly unrelated claims against far too many defendants,” Dkt. 9, at 2, naming as
defendants 17 identified officials and between 80 and 200 unidentified “John Doe” defendants.
I identified four separate lawsuits contained within the complaint and gave plaintiffs a chance
to explain which lawsuit they wished to pursue under this case number, and whether they
wished to pursue any of the remaining lawsuits under new case numbers.
Washington has responded to the order, stating that he does not want to be a part of
this litigation and has not wanted to be a part of it since at least before the court first asked
him to provide financial information. I will dismiss Washington from the lawsuit, and he will
not owe the court any portion of the filing fee for this lawsuit.
In the May 8 order, I told plaintiffs that they would have to respond jointly to explain
which of the four proposed lawsuits they wished to litigate under this case number. Now that
Washington has been dismissed from the lawsuit, I will give Gilbert a final chance to respond
to that order, or the case will be dismissed for his failure to prosecute it.

ORDER
IT IS ORDERED that:
1. Plaintiff Jerred Washington is DISMISSED from the case. The court’s financial
records should be amended to reflect that Washington does not owe the court any
portion of the filing fee for this lawsuit.
2. Plaintiff Carl C. Gilbert II may have until June 27, 2017, to respond to this court’s
May 8, 2017 order.
Entered June 13, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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