Hollins, Emon et al v. Meli, Anthony et al

Filing 31

ORDER granting plaintiff Emon V. Hollins's motion to amend the complaint, Dkt. 30 . Hollins third amended complaint, Dkt. 30 , is the operative pleading. Plaintiff is GRANTED leave to proceed on Eighth Amendment conditions-of-confinement cl aims against defendants Swingen, Olig, Standish, Waller, and Muenchow. The attorney general's office may have until January 4, 2019, to inform the court whether it accepts service on behalf of Muenchow. The clerk of court is directed to add Muenchow to the caption and remove the Doe defendant. Signed by District Judge James D. Peterson on 12/12/2018. (jef),(ps)

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

EMON V. HOLLINS,
Plaintiff,
v.

ORDER

LT. WALLER, C.O. OLIG, C.O. SWINGEN,
C.O. STANDISH, and JOHN DOE,

17-cv-757-jdp

Defendant.
Plaintiff Emon V. Hollins, appearing pro se, alleges that defendant prison officials
violated his rights by keeping him in an unsanitary cell smelling strongly of feces and urine. I
previously granted Hollins leave to proceed on claims against defendant correctional officers
Swingen, Olig, Standish, and Waller. Dkt. 8. Hollins amended his complaint to modify his
claim against Swingen and explain that the officer who initially placed him in the dirty cell is
a “John Doe” defendant. I allowed Hollins to amend his complaint, and I set deadlines for the
parties to use the discovery process to identify the Doe defendant and amend the caption with
the proper identity. Dkt. 21.
Hollins has now filed a new amended complaint, Dkt. 30, and a supplement, Dkt. 31,
in which he explains his amendments: defendant C.O. Olig is the John Doe officer who placed
him in the cell, and he wishes to bring a new claim against defendant J. Muenchow, who is an
inmate complaint examiner who failed to remove Hollins from the dirty cell after he
complained about it. I will allow Hollins to proceed on an Eighth Amendment claim against
Muenchow, and I will direct the clerk of court to amend the caption to add Muenchow and
remove the Doe defendant.

ORDER
IT IS ORDERED that:
1. Plaintiff Emon V. Hollins’s motion to amend the complaint, Dkt. 30, is GRANTED.
Hollins third amended complaint, Dkt. 30, is the operative pleading.
2. Plaintiff is GRANTED leave to proceed on Eighth Amendment conditions-ofconfinement claims against defendants Swingen, Olig, Standish, Waller, and
Muenchow.
3. The attorney general’s office may have until January 4, 2019, to inform the court
whether it accepts service on behalf of Muenchow.
4. The clerk of court is directed to add Muenchow to the caption and remove the Doe
defendant.
Entered December 12, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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