United States District Court, E.D. Wisconsin
RONAN J. KYLES, Plaintiff,
CARE AND COMFORT COMMITTEE; JOHN AND JANE DOES, MSDF-HSU; MS. BERGELIN, HSU-Manager;MR. GOULDEMAN, Unit Manager; and JOHN AND JANE DOE, Inmate Complaint Examiner, Defendants.
WILLIAM E. DUFFIN U.S. MAGISTRATE JUDGE
Ronan J. Kyles, a state prisoner who is representing himself,
filed a complaint under 42 U.S.C. § 1983 alleging that
the defendants violated his civil rights. This order resolves
Kyles's motion for leave to proceed without prepaying the
filing fee and screens his complaint.
court has jurisdiction to resolve Kyles's motion to
proceed without prepaying the filing fee and to screen the
complaint in light of his consent to the full jurisdiction of
a magistrate judge and the Wisconsin Department of
Justice's limited consent to the exercise of magistrate
judge jurisdiction as set forth in the Memorandum of
Understanding between the Wisconsin Department of Justice and
Motion for Leave to Proceed without Prepaying the Filing
Prison Litigation Reform Act applies to this case because
Kyles was incarcerated when he filed his complaint. 28 U.S.C.
§ 1915. That law allows a court to give an incarcerated
plaintiff the ability to proceed with his case without
prepaying the civil case filing fee as long as he meets
certain conditions. One of those conditions is that the
plaintiff pay an initial partial filing fee. 28 U.S.C. §
1915(b). Once the plaintiff pays the initial partial filing
fee, the court may allow him to pay the balance of the $350
filing fee over time through deductions from his prisoner
December 21, 2018, the court ordered Kyles to pay an initial
partial filing fee of $13.92. He paid that fee on January 15,
2019. Therefore, the court will grant Kyles's motion for
leave to proceed without prepaying the filing fee. He must
pay the remainder of the filing fee over time in the manner
explained at the end of this order.
Screening the Complaint
Federal Screening Standard
requires the court to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The court must dismiss a complaint if the plaintiff raises
claims that are legally “frivolous or malicious,
” that fail to state a claim upon which relief may be
granted, or that seek monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915A(b).
state a claim, a complaint must contain sufficient factual
matter, accepted as true, “that is plausible on its
face.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (quoting Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007)). “A claim has facial plausibility
when the plaintiff pleads factual content that allows a court
to draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. (citing
Twombly, 550 U.S. at 556).
state a claim under 42 U.S.C. § 1983 a plaintiff must
allege that: 1) he was deprived of a right secured by the
Constitution or laws of the United States; and 2) the
defendant was acting under color of state law.
Buchanan-Moore v. County of Milwaukee, 570 F.3d 824,
827 (7th Cir. 2009) (citing Kramer v. Village of North
Fond du Lac, 384 F.3d 856, 861 (7th Cir. 2004)); see
also Gomez v. Toledo, 446 U.S. 635, 640 (1980). The
court gives a pro se plaintiff's allegations,
“however inartfully pleaded, ” a liberal
construction. See Erickson v. Pardus, 551 U.S. 89,
94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97,
The Complaint's Allegations
is incarcerated at the Milwaukee Secure Detention Facility.
He alleges that in May 2018 he submitted two health service
slips, one for “medical” regarding his leg and
one for “dental” regarding his teeth. Kyles has
metal bullet fragments in his leg that cause swelling and he
wanted his teeth cleaned because tartar buildup caused his
mouth to smell bad.
submitting the health service slips, Kyles was told
“he's on the list.” (ECF No. 1 at 2.) Kyles
did not receive a response until November 2018, when he was
told he was at the bottom of the list. Kyles was also told
that he would be called when his name reached the top,
“so do not put anymore requests in because it's not
necessary.” (Id.) Kyles submitted another
request stating that the co-payment was paid so he could see
a dentist, that he would be going to Dodge Correctional
Institution soon, and that it ...