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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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RAYMOND C. KELLEY, ORDER Plaintiff, 08-cv-535-slc1
v.
PETER ERICKSEN, SARAH COOPER,
LT. WILLIAM SWIEKATOWSKI, DR.
MALEAH CUMMINGS, MARK ZIMONICK
and DR. McQUEENY,

Defendants.
Plaintiff is proceeding on his claims that defendants Peter Ericksen, Sarah Cooper, William Swiekatowski and Maleah Cummings violated his right to due process under the Fourteenth Amendment when they failed to give him notice or a hearing before placing him in a behavior modification program; defendants Peter Ericksen, Sarah Cooper, William Swiekatowski, Maleah Cummings and Mark Zimonick violated his Eighth Amendment
1Because Judge Shabaz is on a medical leave of absence from the court for an indeterminate period, the court is assigning 50% of its caseload automatically to Magistrate Judge Stephen Crocker.  For the purpose of issuing this order, I am assuming jurisdiction over this case.
rights by being deliberately indifferent to unsanitary conditions of confinement; and defendants Maleah Cummings and Dr. McQueeny violated his Eighth Amendment rights by being deliberately indifferent to his serious mental health needs.
Now before the court is defendants

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