Falstad v. Jackson Correctional Institution et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIC ANDREW FALSTAD,
Plaintiff,
v.
JACKSON CORR. INST., DEP’T OF CORR., CO
ASHLEY RIOJAS, and CO ANDREW HUBER,
Defendants.
OPINION and ORDER
25-cv-621-jdp
Plaintiff Eric Andrew Falstad, proceeding without counsel, alleges that defendants
denied him medication for his mental health problems, causing him to pass out and be
hospitalized. Falstad brings an Eighth Amendment medical care claim. Falstad has been
released from prison, but he was incarcerated at Jackson Correctional Institution when the
events occurred, and at Oshkosh Correctional Institutional when he brought this action.
I dismissed Falstad’s complaint for failure to state a plausible claim for relief. Dkt. 14.
I gave Falstad until March 16, 2026, to submit an amended complaint that fixed that problem,
and I warned him that the failure to complete that task could result in dismissal. Because
Falstad was not incarcerated when I sent him that mail, the court had to receive the amended
complaint by March 16 for it to be timely. See Raymond v. Ameritech Corp., 442 F.3d 600, 604
(7th Cir. 2006).
Falstad hasn’t filed an amended complaint. Nor has he sought an extension of time to
complete that task or explained his failure to comply with my order. I will dismiss the complaint
for failure to state a plausible claim for relief for the reasons in my order. 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
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a claim . . . .”). And because Falstad was incarcerated when he brought this action, I will assess
a strike against him under 28 U.S.C. § 1915(g).
ORDER
IT IS ORDERED that:
1. 	Plaintiff Eric Andrew Falstad’s complaint, Dkt. 1, is DISMISSED with prejudice for
failure to state a plausible claim for relief.
2. 	A strike is to be recorded against plaintiff under 28 U.S.C. § 1915(g).
3. 	The clerk of court is directed to enter judgment and close the case.
Entered March 27, 2026.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
Case: 3:25-cv-00621-jdp Document #: 15 Filed: 03/27/26 Page 2 of 2