Bates, Craig v. Litscher, Jon et al

Filing 24

ORDER granting plaintiff Craig Thomas Bates's 17 motion to voluntarily dismiss his claims about soy-based food. Signed by District Judge James D. Peterson on 7/5/2017. (jef),(ps)

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

CRAIG THOMAS BATES,
Plaintiff,
v.

ORDER

JON LITSCHER, CATHY JESS,
and RANDALL HEPP,

16-cv-745-jdp

Defendants.
Pro se plaintiff Craig Thomas Bates, a prisoner currently housed at the Fox Lake
Correctional Institution (FLCI), filed a complaint alleging that FLCI and high-level DOC
officials subjected him to unsafe drinking water and that their replacement of meat with soybased products has harmed his health. In an April 19, 2017 order, I granted Bates leave to
proceed on claims about the drinking water and gave Bates a deadline to amend his complaint
to explain the basis for his claim about soy-based food. Dkt. 15. I stayed the case pending
resolution of other pending cases regarding the water at FLCI.
Bates has responded to the April 19 order by saying that he would like to voluntarily
dismiss his claim about soy-based food. Dkt. 17. He has also filed a proposed second amended
complaint removing that claim. Dkt. 18. I will grant his motion to dismiss the soy-based food
claim. The second amended complaint does not appear to otherwise materially differ from the
first amended complaint, so I will accept the new pleading as the operative complaint without
separately screening the allegations in that document. The water claims will remain stayed.

ORDER
IT IS ORDERED that plaintiff Craig Thomas Bates’s motion to voluntarily dismiss his
claims about soy-based food, Dkt. 17, is GRANTED.
Entered July 5, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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