Burgess, Edward v. Boughton, Gary et al

Filing 19

ORDER dismissing plaintiff Edward Burgess's Eighth Amendment claim concerning medical co-payments. Signed by District Judge James D. Peterson on 4/17/2017. (jef),(ps)

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

EDWARD BURGESS,
Plaintiff,
v.
GARY BOUGHTON, DANIEL WINKLESKI,
JOLINDA WATERMAN, TANYA BONSON,
SONYA ANDERSON, DR. DOUGLAS SCHMID,
CARRIE SUTTER, ELLEN RAY, JAMES LABELLE,
EMILY DAVISON, and CATHY A. JESS,

ORDER
16-cv-846-jdp

Defendants.
Pro se plaintiff Edward Burgess is a prisoner in the custody of the Wisconsin
Department, currently housed at the Wisconsin Secure Program Facility. Burgess filed a
complaint alleging that prison officials failed to provide adequate treatment for plaintiff’s
plantar fasciitis and bone spurs. In a February 28, 2017 order, I granted plaintiff leave to
proceed on Eighth Amendment deliberate indifference claims and deferred a decision on
whether to allow Burgess to proceed on an Eighth Amendment claim concerning medical copays. Dkt. 9. I instructed Burgess to supplement his complaint with additional information
about whether he could afford the co-payments and gave Burgess a deadline of March 21,
2017, to file his supplement. I indicated that if he failed to respond, I would dismiss this
claim. Id. This deadline has now passed without a response from Burgess.

Accordingly, IT IS ORDERED that plaintiff Edward Burgess’s Eighth Amendment
claim concerning medical co-payments is DISMISSED.
Entered April 17, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2