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Kidd v. Waupun Correctional Institution

United States District Court, W.D. Wisconsin

October 25, 2017

ROBERT PIERRE KIDD, Plaintiff,
v.
WAUPUN CORRECTIONAL INSTITUTION, Defendant.

          OPINION & ORDER

          JAMES D. PETERSON, DISTRICT JUDGE.

         Plaintiff Robert Pierre Kidd, a prisoner at the Waupun Correctional Institution, filed this lawsuit alleging that prison staff gave him incorrect medication and pepper sprayed him while he was having a seizure. In a June 2, 2017 order, I dismissed Kidd's complaint under Federal Rules of Civil Procedure 8 and 20 because Kidd did not name any individuals who violated his rights and the incidents about incorrect medication and pepper spraying did not appear to be related. I gave Kidd a chance to file an amended complaint fixing these problems. Kidd has filed an amended complaint in this case discussing only the pepper spray incident. He followed by filing six more lawsuits:

• 17-cv-597-jdp: Kidd alleges that he was held down and pepper sprayed during a seizure in December 2014 even though prison officials were told not to handcuff him during seizures.
• 17-cv-598-jdp: Kidd sues a state-court judge for rejecting his request for a jury trial in a criminal case.
• 17-cv-627-jdp: Kidd alleges that he was handcuffed during a seizure in July 2017 and then punished for disruptive conduct, even though he cannot control himself during a seizure.
• 17-cv-654-jdp: Kidd alleges that an inmate picked up Kidd's legal papers following a seizure, and prison officials will not let the inmate return them to Kidd.
• 17-cv-660-jdp: Kidd sues a doctor for testifying that Kidd was competent to plead guilty to a crime, and he sues his lawyers for what he believes was substandard representation.
• 17-cv-712-jdp: Kidd alleges that he receives ibuprofen as treatment for an unnamed medical problem. He also states that he was accused of faking a seizure.

         This order addresses several issues arising out of Kidd's various complaints and the other correspondence he has submitted.

         A. Voluntary dismissal

         Over the past couple of months, Kidd and the clerk's office have corresponded about the initial partial payments for each of these cases. Kidd has made payments in four of the seven cases. In the meantime, he has submitted a series of letters to the court, stating that he would like to keep all of his cases open and consolidate them if possible. But in his most recent submissions, Kidd states that he would like to voluntarily dismiss three of his cases: the '598 case against a judge, the '627 case about being punished for seizures, and the '654 case about his legal papers. See Dkt. 18 and 19 in the '598 case. I will grant Kidd's motion and dismiss all three of these cases without prejudice, which means he can refile them later if he so chooses. Because he has chosen this route so early in the cases, I conclude that he will not owe the $350 filing fee for any of them.

         Kidd also asks for the payments he made in those cases to be applied to his other cases. Kidd did not make any payments in the '627 and '654 cases. He did make an initial partial payment in the '598 case. I will direct the clerk of court to transfer that payment to the one remaining case in which he did not make an initial payment, the '712 case.

         B. Consolidation

         Kidd asks the court to “look into each case . . . and put them together if possible.” Dkt. 29-3 in the '265 case. Most of the claims Kidd attempts to raise in his various lawsuits do not appear to be part of the same set of events or involve the same defendants, so his claims cannot be joined together within any of his individual lawsuits. See Fed. R. ...


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