Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Grissom v. Dittmann

United States District Court, W.D. Wisconsin

June 27, 2016

TERRANCE GRISSOM, Plaintiff,
v.
MICHAEL DITTMANN, LUCAS WEBER, and LINDSAY WALKER, Defendants.

          ORDER

          JAMES D. PETERSON District Judge.

         Plaintiff Terrance Grissom, a prisoner at the Columbia Correctional Institution, brings this lawsuit alleging that prison officials are threatening to harm him. Grissom is a frequent litigator in this court (he has brought over 60 cases here since 1990) who has “struck out” under 28 U.S.C. § 1915(g) and who independently has been barred from filing new complaints in this court unless his allegations show that he is in imminent danger of serious physical injury. See Grissom v. Kuluike, No. 14-cv-590-jdp (W.D. Wis. Jan. 12, 2015).

         Plaintiff’s allegations that prison officials are threatening to harm or kill him are sufficient to pass the imminent danger standard, but there are other problems with this lawsuit that must be addressed before I screen the complaint.

         First, because plaintiff has not submitted the filing fee for this lawsuit, I take him to be seeking leave to proceed in forma pauperis in this case. But plaintiff has not submitted financial information that I can use to determine whether he qualifies financially for in forma pauperis status. I will give him a short time to submit his trust fund account statement for the period between May 2, 2015, and November 2, 2015.

         Second, the document that plaintiff has submitted as a complaint does not comply with Federal Rule of Procedure 10(a), which states that the complaint must have a caption detailing the names of the parties. As it stands now, I could only guess which prison officials plaintiff seeks to name as a defendants; he will have to submit an amended complaint in which he names the individuals he is suing. I will direct the clerk of court to provide plaintiff with a blank complaint form that he should use for his amended complaint. When plaintiff fills out the new complaint, he should make sure that he names each individual he wants to sue in the caption, and then explain in the body of the complaint what each defendant did to violate his rights.

         One of the hallmarks of plaintiff’s recent litigation in this court is that he files complaints and then does not respond to court orders or otherwise do anything to prosecute his lawsuits. See, e.g., Grissom v. Pollard, No. 14-cv-808-jdp (W.D. Wis.) (plaintiff dismissed from case after failing to submit initial partial payment of filing fee); Grissom v. Luduigson, No. 14-cv-758-jdp (W.D. Wis.) (case dismissed after plaintiff failed to submit initial partial payment of filing fee); Grissom v. Vandenlangenberg, No. 14-cv-490-jdp (W.D. Wis.) (same). If plaintiff fails to respond to this order, this case will be dismissed.

         ORDER

         IT IS ORDERED that:

         1. Plaintiff Terrance Grissom may have until July 15, 2016, to submit an amended complaint and a prison trust fund account statement.

         2. The clerk of court is directed to provide plaintiff with a blank complaint form. Entered June 27, 2016.

         Guide to Filing Prisoner Complaints Without a Lawyer In Federal District Court

         Introduction

         Welcome to the federal district courts.

         This Guide is intended to help you write and file a complaint. Follow these steps and your ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.