Pagenkopf, Steven v. Miller, R. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
STEVEN PAGENKOPF,
Plaintiff,
v.
BRANDON MORRIS and JOHN DOE,
Defendants.
ORDER
25-cv-594-jdp
Plaintiff Steven Pagenkopf, proceeding without counsel, alleges that he was sexually
assaulted by his cellmate at Racine Correctional Institution and that defendant prison staff
placed him with that cellmate despite knowing that the cellmate was a known sexual-assault
risk and that Pagenkopf’s autism and mental disabilities categorized him as a vulnerable inmate
under DOC policies. I granted Pagenkopf leave to proceed on claims under the Eighth
Amendment. Dkt. 9.
Pagenkopf now moves for voluntary dismissal, stating that he wishes to refile the case
after he finds a lawyer. Dkt. 17. After a defendant has filed an answer, Federal Rule of Civil
Procedure 41(a)(2) provides that the action may be dismissed by the plaintiff “only by court
order, on terms that the court considers proper.” Defendant Brandon Morris states that he
does not oppose the motion. I will grant Pagenkopf’s motion and dismiss the case without
prejudice. But as Morris states in his response, if Pagenkopf files a new lawsuit about these
events, Morris may ask the court to order Pagenkopf to pay his costs incurred in defending the
first lawsuit. See Fed. R. Civ. P. 41(d).
Case: 3:25-cv-00594-jdp Document #: 19 Filed: 02/02/26 Page 1 of 2

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ORDER
IT IS ORDERED that:
1. 	Plaintiff’s motion to voluntarily dismiss the case, Dkt. 17, is GRANTED.
2. 	The clerk of court is directed to close the case.
Entered February 2, 2026.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
Case: 3:25-cv-00594-jdp Document #: 19 Filed: 02/02/26 Page 2 of 2