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Simpson v. Carr

United States District Court, Western District of Wisconsin
May 1, 2024
23-cv-399-jdp (W.D. Wis. May. 1, 2024)

Opinion

23-cv-399-jdp

05-01-2024

WILLIE SIMPSON, Plaintiff, v. KEVIN A. CARR and TONY EVERS, Defendants.


OPINION AND ORDER

JAMES D. PETERSON DISTRICT JUDGE

Plaintiff Willie Simpson, without counsel, filed this lawsuit in the circuit court for Dane County, Wisconsin, alleging multiple types of constitutional violations by prison or other state officials and challenging the validity of his current sentences and eligibility for parole. Defendants removed the case to this court. In my most recent order, I dismissed Simpson's amended complaint for violating Federal Rule of Civil Procedure 20 by raising claims about a wide variety of unrelated constitutional violations, including his medical treatment, conditions of confinement, various restrictions, and the validity of his current sentences. Dkt. 6. I gave Simpson a final chance to submit a complaint limiting his claims to a single set of transactions or occurrences and naming as defendants the prison officials personally involved in violating his rights. Id. I warned Simpson that he should not include his claims challenging his sentences or parole eligibility because they have previously been dismissed as frivolous by both state and federal courts. Id.

Simpson has responded by filing an amended complaint again challenging his sentences and parole eligibility. Those claims are frivolous, so I will dismiss this lawsuit. See State v. Simpson, 2023 WI.App. 11, 2023 WL 139427 (“As the State accurately describes, Simpson's post-TIS sentences have not extended any parole eligibility or mandatory release date for his pre-TIS sentences, and Simpson remains entitled to parole eligibility and to be released as originally established under his pre-TIS sentences.”), review denied, 2023 WI 72, 2023 WL 6884692; Simpson v. Evers, No. 18-cv-467-jdp, 2020 WL 7064516, at *1 (W.D. Wis. Aug. 28, 2020) (dismissing claims that implementation of truth-in-sentencing caused prison officials to refuse to release Simpson at his mandatory release date for his New Law convictions or that it eliminated his right to parole hearings after one-fourth of his New Law sentence time), aff'd sub nom. Simpson v. Litscher, No. 20-3293, 2021 WL 2206439 (7th Cir. Mar. 19, 2021) (sanctioning Simpson for making repeated frivolous challenges to his sentences).

ORDER

IT IS ORDERED that:

1. This case is DISMISSED.

2. The clerk of court is directed to enter judgment accordingly and close the case.


Summaries of

Simpson v. Carr

United States District Court, Western District of Wisconsin
May 1, 2024
23-cv-399-jdp (W.D. Wis. May. 1, 2024)
Case details for

Simpson v. Carr

Case Details

Full title:WILLIE SIMPSON, Plaintiff, v. KEVIN A. CARR and TONY EVERS, Defendants.

Court:United States District Court, Western District of Wisconsin

Date published: May 1, 2024

Citations

23-cv-399-jdp (W.D. Wis. May. 1, 2024)