United States District Court, W.D. Wisconsin
D. Peterson, District Judge.
Helson Pabon Gonzalez, appearing pro se, is a prisoner at
Wisconsin Secure Program Facility (WSPF). He alleges that
defendants Dr. Salam Syed, John Doe Nurse, and Dane Esser
violated his rights under the Eighth Amendment and Wisconsin
negligence law when they harmed him by attempting to insert a
feeding tube even after he agreed to stop a hunger strike.
Gonzalez has filed several documents to which I will respond
in this order. First, he has submitted a document in which he
states that prison officials interfered with his attendance
at preliminary pretrial conferences in cases in this court
and the United States District Court for the Eastern District
of Wisconsin. Dkt. 57, at 1. But my review of the court
docket shows that this court has held pretrial conferences in
the cases in which Pabon Gonzalez has successfully pleaded
claims. Interference with Eastern District proceedings is an
issue that Pabon Gonzalez should raise in that court.
filings, Pabon Gonzalez states that he had limited law
library access while he was incarcerated Fox Lake
Correctional Institution (FLCI), Dkt. 57 and Dkt. 62, but he
is no longer incarcerated there so is no reason to consider
the issue further. If Pabon Gonzalez believes that he cannot
meet a particular court deadline because of his lack of
access to the FLCI library, he should file a motion asking
for an extension of that deadline and explaining how his lack
of library time has hampered his litigation efforts.
Gonzalez also states that the conditions of his confinement
while he was held in segregation at FLCI violated his rights
in several ways, including that he was unfairly placed in
either maximum or super-maximum status. Dkt. 57 and Dkt. 62.
It is unclear whether he seeks court intervention with his
confinement or to amend his complaint to include new claims
about his confinement, but either way I would deny his
motions. This case is about how Wisconsin Secure Program
Facility officials treated him regarding his hunger strike,
not about the conditions at FLCI. He is free to raise claims
about FLCI in a separate lawsuit, but I warn him that because
I have previously dismissed three of his lawsuits under 28
U.S.C. § 1915 for being frivolous or for failing to
state a claim upon which relief may be granted, he cannot
proceed with a brand-new case without either (1) alleging
that he is in imminent danger of serious physical harm; or
(2) paying the full $400 fee up front.
Gonzalez has filed another document in which he states that
Jolinda Waterman is “the name of the first nurse who
hurt me.” Dkt. 64. I take him to be identifying
Waterman as the “John Doe Nurse” defendant in
this case, so I will direct the clerk of court to amend the
caption to include Waterman as a defendant.
the caption of this document and statements Pabon Gonzalez
makes about other nurses harming him as well, it is unclear
whether he seeks to amend his complaint further to add more
defendants. Right now the only defendants are Syed, Waterman,
and Esser. Should Pabon Gonzalez want to amend his complaint
to include more defendants, he should file a supplement to
his complaint in which he explains who the proposed new
defendants are, what they did to violate his rights, and why
the court should allow him to amend his complaint this far
into the proceedings.
final issue raised by Pabon Gonzalez is about him authorizing
the release of his medical records. He has filed a document
that is somewhat difficult to understand, but in which I take
him to be saying that he does not agree to the release of his
entire medical file, as appears to be contemplated by copies
of defendants' authorization-release form that he has
filed. See Dkt. 62-1, Dkt. 63. It is unclear whether
the parties actually dispute the scope of Pabon
Gonzalez's authorization, so I will give defendants a
short time to respond to Pabon Gonzalez's filing.
1. Plaintiff Helson Pabon Gonzalez's motions for court
intervention or to amend his complaint, Dkt. 57 and Dkt. 62,
2. Plaintiff is GRANTED leave to proceed on Eighth Amendment
and Wisconsin-law medical malpractice claims against
defendant Jolinda Waterman. The clerk of court is directed to
add Waterman to the caption.
3. The attorney general's office may have until May 31,
2019, to explain whether it will represent defendant
4. Defendants may have until May 31, 2019, to respond to
plaintiff's filings regarding his authorization to