Williams, Jessie et al v. Garbelman, Jeff
ORDER denying Jessie Williams's motion for leave to proceed in forma pauperis in this action, Dkt. 2 , without prejudice because plaintiff's allegations do not qualify under the imminent danger exception to 28 U.S.C. § 1915(g). Plaint iff's complaint is DISMISSED without prejudice under Fed. R. Civ. P. 8. Plaintiff may have until November 30, 2017, to pay the entire $400 filing fee for this case and amend his complaint to provide a plain statement of his claims. Signed by District Judge James D. Peterson on 11/9/2017. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
OPINION & ORDER
Plaintiff Jessie Williams, a prisoner at the Dodge Correctional Institution, has
submitted a proposed civil complaint under 42 U.S.C. § 1983 alleging that defendant Jeff
Garbelman, a doctor at the Waupun Correctional Institution, failed to treat his medical
problems. Williams seeks leave to proceed in forma pauperis, but he has “struck out” under 28
U.S.C. § 1915(g),1 which means that he cannot obtain indigent status under § 1915 in any suit
he files during the period of his incarceration unless he alleges facts in his complaint from which
an inference may be drawn that he is in imminent danger of serious physical injury.
I conclude that Williams fails to show that he is in imminent danger of serious physical
injury, because he brings claims for past harm against the doctor at his previous facility.
Williams says that Garbelman failed to treat him at the Waupun Correctional Institution, but
that he is currently housed at the Dodge Correctional Institution. A search of the Wisconsin
At least three previous times, Williams has filed a lawsuit that was dismissed on the grounds
that it was frivolous, malicious, or failed to state a claim upon which relief may be granted. See
Williams v. Meil, 13-cv-290-bbc (W.D. Wis. Aug. 18, 2013); Williams v. Staniec, 12-cv-691-bbc
(W.D. Wis. Oct. 26, 2012); and Williams v. Garbleman, No. 11-cv-1033-rtr (E.D. Wis. Jan. 23,
Department of Corrections’ inmate locator website2 shows that Williams has been at Dodge
since November 2015. Because Williams does not qualify for indigent status under § 1915(g),
he cannot bring this lawsuit unless he prepays the entire $400 filing fee for this case. I will give
him a short time to pay that fee. If he does not pay the fee, the case will be dismissed.
If Williams decides to continue on with this case by paying the $400 fee up front, he
will also have to submit an amended complaint, because his current allegations do not comply
with Federal Rule of Civil Procedure 8(a)(2), which requires a complaint to include “a short
and plain statement of the claim showing that the pleader is entitled to relief.” Williams does
not explain what medical problems he suffers from, which is important in understanding
whether Garbelman’s denial of treatment violated the Eighth Amendment. Williams should
draft his amended complaint as if he were telling a story to people who know nothing about
his situation. In particular, he should explain what medical problems he has, how and when he
asked Garbelman for treatment, and how Garbelman responded.
IT IS ORDERED that:
1. Plaintiff Jessie Williams’s motion for leave to proceed in forma pauperis in this action,
Dkt. 2, is DENIED without prejudice because plaintiff’s allegations do not qualify
under the imminent danger exception to 28 U.S.C. § 1915(g).
2. Plaintiff’s complaint is DISMISSED without prejudice under Fed. R. Civ. P. 8.
3. Plaintiff may have until November 30, 2017, to pay the entire $400 filing fee for
this case and amend his complaint to provide a plain statement of his claims.
Entered November 9, 2017.
BY THE COURT:
JAMES D. PETERSON
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?