Flores, Angel v. Oxford Wisconsin (Medical) Federal Correctional Institution et al

Filing 30

ORDER denying plaintiff Angel A. Flores' 29 motion for leave to file a fourth amended complaint. Signed by District Judge Barbara B. Crabb on 4/2/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - ANGEL A. FLORES,
OPINION AND ORDER
Plaintiff,
17-cv-526-bbc
v.
DR. KING and UNITED STATES,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - On September 21, 2017, pro se plaintiff Angel A. Flores was granted leave to proceed
on a claim that defendant Dr. King, the medical director at the Oxford Correctional
Institution, violated plaintiff’s rights under the Eighth Amendment by failing to provide him
treatment for his cysts, heart and blood pressure conditions and foot pain. I denied him
leave to proceed on any other claim, but gave him an opportunity to clarify the factual basis
of his discrimination claim and denial of medication clam against defendant Ms. Laufenberg,
the health services administrator, as well as to name the United States as defendant for a
Federal Tort Claims Act claim based on King’s actions. Dkt. #10.
Plaintiff then filed a proposed amended complaint and several supplements, which
undermined his original claims against Dr. King and failed to include sufficient allegations
to state a claim against Laufenberg. Dkt. #14. On December 11, 2017, I told plaintiff that
he had one final opportunity to file an amended complaint that clearly explained his claims.

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Dkt. #19.
Plaintiff then filed a third amended complaint, naming only Dr. King and the United
States as defendants.

Dkt. #20.

I screened that complaint, and concluded that the

allegations in plaintiff’s third amended complaint were sufficient to state a claim against
defendant Dr. King under the Eighth Amendment and Wisconsin negligence law regarding
King’s alleged failure to refer plaintiff to a cardiologist for his serious heart condition. Dkt.
#24. However, plaintiff’s allegations regarding the cysts on his hands and feet were not
sufficient to support a claim tat King has been deliberately indifferent or negligent in caring
for plaintiff.
Now, plaintiff has filed a proposed fourth amended complaint, in which he repeats
many of the same allegations contained in his previous complaints, including allegations and
claims against Laufenberg that I dismissed previously. Dkt. #29. I am construing plaintiff’s
filing as a motion for leave to file a fourth amended complaint and will deny the motion.
Plaintiff has shown no reason why it is necessary or appropriate to file yet another
amended complaint. Plaintiff’s proposed fourth amended complaint seeks simply to revive
claims against Laufenberg that were dismissed previously, but he has included no new
allegations that alter my previous conclusions that plaintiff has failed to state a claim against
her. The other allegations in the proposed fourth amended complaint relate to plaintiff’s
claim that Dr. King failed to provide adequate treatment for plaintiff’s heart condition, but
he has already been granted leave to proceed on that claim. Therefore, I will deny plaintiff
leave to file a fourth amended complaint. The third amended complaint will remain the

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operative pleading in this case.
As plaintiff was instructed in the most recent order, dkt. #24 at 2, he should refrain
from submitting any additional supplements or amendments to his complaint at this time.
Such submissions only result in delaying resolution of plaintiff’s claims. This case was filed
more than 8 months ago and it is time to move forward with setting a schedule and litigating
the claims on which plaintiff has been permitted to proceed.

ORDER
IT IS ORDERED that plaintiff Angel A. Flores’ motion for leave to file a fourth
amended complaint, dkt. #29, is DENIED.
Entered this 2d day of April, 2018.

BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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