Jones, Michael v. Syed et al

Filing 17

ORDER granting plaintiff Michael Jones leave to proceed on the following claims:* Eighth Amendment medical care claims against defendants Dr. Syed, Dr. Hoffman, and Ms. Mashak. * Wisconsin medical malpractice claims against defendants Radiolo gist-John Doe and MobileX-USA/X-Ray Company.The clerk of court is directed to add Radiologist-John Doe and MobileX-USA/X-Ray Company to the caption.The clerk of court is directed to ensure that the United States Marshals Service serves defendant M obileX-USA/X-Ray Company with a copy of plaintiff's complaint, Dkt. 1 , supplements to the complaint, Dkt. 1 -1; Dkt. 14 , and this order.Plaintiff may have until December 15, 2018, to complete service of his discovery requests aimed at id entifying defendant Doe. Plaintiff may have until February 4, 2019 to submit a supplement to the complaint, naming the Doe defendant. Plaintiff may have until November 1, 2018, to respond to this order regarding his allegation that prison staff failed to help him in January 2015, when his knee began to swell. Signed by District Judge James D. Peterson on 10/18/2018. (jef),(ps)

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

MICHAEL JONES,
Plaintiff,
v.
DR. SYED, MS. MASHAK, and DR. HOFFMAN,

ORDER
17-cv-907-jdp

Defendants.
Plaintiff Michael Jones, appearing pro se, is a prisoner at Columbia Correctional
Institution. He alleges that prison medical officials failed to treat his swollen and painful right
knee. Jones has filed a supplement to his complaint, Dkt. 14, responding to two matters I
discussed in my order screening his complaint, Dkt. 7. Because Jones filed the supplement
before defendants filed their answer, he does not need leave of the court to amend his
complaint. See Fed. R. Civ. P. 15(a)(1). But I still must screen his new allegations under
28 U.S.C. §§ 1915 and 1915A.
A. Claim against radiologist
Jones initially included as defendants “Radiologist-John Doe” and “MobileX-USA/XRay Company.” But all he alleged against them was that that the radiologist from MobileX
misread a 2015 x-ray that perhaps contributed to later inaction by medical professionals, which
was not enough to state an Eighth Amendment claim. Dkt. 7, at 4-5. I told Jones that if he
desired, he could amend his complaint to explicitly allege that he intends to pursue Wisconsin
medical malpractice claims against the radiologist and his employer. Jones now says that he
would indeed like to pursue a malpractice claim against these defendants. I will grant him leave

to proceed on a medical malpractice claim against these defendants and I will add them to the
caption.
Because Jones is bringing a claim against a Doe defendant, I will set deadlines for the
parties to use the discovery process to identify the Doe defendant and for Jones to amend the
caption with the proper identity.
B. Claim regarding initial swelling
Jones began his complaint with allegations that in January 2015, his right knee swelled
to the point that he had to walk with a limp, but that Health Services Unit staff did not help
him when he complained about the problem. Dkt. 1, at 3. But because Jones did not explain
whether any of the named defendants were responsible for this inaction, I stated, “I do not
take Jones to be saying that he wishes to bring claims about this inaction.” Dkt. 7, at 2. Jones
now says that he indeed wishes to bring claims about staff’s failure to help him. But I cannot
allow him to proceed on claims regarding this allegation, because he still does not explain who
was responsible for this inaction. I will give him a short time to provide another supplement in
which he explains who failed to help him. If he means to bring claims against staff members
who are not already named as defendants in the case, he will have to respond by explicitly
stating who he wishes to add as defendants.

ORDER
IT IS ORDERED that:
1. Plaintiff Michael Jones is GRANTED leave to proceed on the following claims:
•

Eighth Amendment medical care claims against defendants Dr. Syed, Dr.
Hoffman, and Ms. Mashak.

2

•

Wisconsin medical malpractice claims against defendants Radiologist-John Doe
and MobileX-USA/X-Ray Company.

2. The clerk of court is directed to add Radiologist-John Doe and MobileX-USA/X-Ray
Company to the caption.
3. The clerk of court is directed to ensure that the United States Marshals Service
serves defendant MobileX-USA/X-Ray Company with a copy of plaintiff’s
complaint, Dkt. 1, supplements to the complaint, Dkt. 1-1; Dkt. 14, and this order.
4. Plaintiff may have until December 15, 2018, to complete service of his discovery
requests aimed at identifying defendant Doe. Plaintiff may have until February 4,
2019 to submit a supplement to the complaint, naming the Doe defendant.
5. Plaintiff may have until November 1, 2018, to respond to this order regarding his
allegation that prison staff failed to help him in January 2015, when his knee began
to swell.
Entered October 18, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

3