Tabbert, Derek v. Green Bay Medical Staff

District Court, W.D. Wisconsin

Tabbert, Derek v. Green Bay Medical Staff

Trial Court Opinion

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

DEREK ARTHUR TABBERT,

Plaintiff, ORDER v.

20-cv-128-jdp GREEN BAY MEDICAL STAFF,

Defendants.

Plaintiff Derek Arthur Tabbert, appearing pro se, alleges that defendant prison officials are refusing him treatment for a serious blood clot disorder. I dismissed the complaint because Tabbert’s allegations were not specific enough to state a claim upon which relief could be granted. See Dkt. 10. He alleged only that he is being refused treatment, but he did not provide the name of any individual defendant who harmed him or explain specifically how an individual harmed him. I gave Tabbert until June 2, 2020, to submit an amended complaint fixing the problems with his original complaint. That deadline has passed and Tabbert did not amend his complaint. Accordingly, I will dismiss the case for Tabbert’s failure to state a claim upon which relief may be granted and I will assess him a “strike” under

28 U.S.C. § 1915

(g). See Paul v. Marberry,

658 F.3d 702, 705

(7th Cir. 2011) (“[W]hen . . . the plaintiff is told to amend his . . . complaint and fails to do so, the proper ground of dismissal is not want of prosecution but failure to state a claim, one of the grounds in section 1915(g) for calling a strike against a prisoner plaintiff.”). ORDER IT IS ORDERED that: 1. This case is DISMISSED for plaintiff Derek Arthur Tabbert’s failure to state a claim upon which relief may be granted. 2. The clerk of court is directed to enter judgment accordingly and close the case. 3. Plaintiff is assessed a strike under

28 U.S.C. § 1915

(g). Entered June 18, 2020. BY THE COURT:

/s/ ________________________________________ JAMES D. PETERSON District Judge

Reference

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