Pickett v. Appleton Rentals LLC

Filing 4

ORDER signed by Judge Rudolph T. Randa on 3/21/2014 TRANSFERRING this action to the Clerk of the Bankruptcy Court; Clerk of Court DIRECTED to send copy of this Decision and Order to Bankruptcy Judge Kelley. 2 Motion for Leave to Proceed in forma pauperis DENIED as moot. Clerk of Court directed to close this action for statistical purposes. (cc: via US mail to Reginald Pickett) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
REGINALD PICKETT,
Plaintiff-Debtor,
v.

Case No. 14-C-271
(Bankr. Case No. 13- 36435)

APPLETON RENTAL, LLC,
Defendant-Creditor.

DECISION AND ORDER

Pro se Plaintiff Claimant Reginald Pickett (“Pickett”) filed an action on March
12, 2014, seeking leave to proceed in forma pauperis against Defendant Appleton
Rental, LLC (“Appleton”).

The Court is obliged to give a plaintiff’s pro se

allegations, however inartfully pleaded, a liberal construction. See Haines v. Kerner,
404 U.S. 519, 520-21 (1972).
Pickett’s Complaint provides the case number of a small claims eviction action
filed against him in Milwaukee County Circuit Court, TE V LLC v. Reginald Pickett
Jr., 2013SC037328,1 and indicates that the action involves the same occurrence as
this action. Pickett also provides the case number of a bankruptcy action commenced

1

The state court docket shows that the small claims eviction action was dismissed on March
13, 2014. See http://wcca.wicourts.gov (last visited March 20, 2014). This Court may take judicial
notice of the state court record. Fed. R. Evid. 201. See Ennenga v. Starns, 677 F.3d 766, 773-74 (7th
Cir. 2012).

by him on December 31, 2013, under Chapter 13 of the United States Bankruptcy
Code. See In re Pickett, 13-36535 (Bankr. E.D. Wis.). That case remains open.
Pickett’s Complaint states that “the court released stay back to state court
without having opportunity for reorganization through plan that was not completed by
trustee.” (Compl. 3.) His Complaint requests a stay of the release pending appeal and
review of allegedly unethical conduct by Appleton’s counsel, involving “set[t]ing
hearings and dismissing cases, and [reinstating] them again due to a hearing
scheduled in federal court, for objection of release of stay.” (Id. at 4.)
Having reviewed Pickett’s statement of claim, the Court concludes that this
action is best characterized as an appeal from the bankruptcy court’s decision
regarding the automatic stay. The proper place to file an appeal from the bankruptcy
court’s decision is with the bankruptcy court. Therefore, this action is transferred to
the bankruptcy court. Pickett’s motion for leave to proceed in forma pauperis is
denied (ECF No. 2) as moot.
The Court also directs the Clerk of Court to send a copy of this Decision and
Order to United States Bankruptcy Court Judge Susan V. Kelley, the judge presiding
over Pickett’s bankruptcy action. In so doing, she will be made aware of Pickett’s
allegations regarding counsel for Appleton.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
This appeal is transferred to the Clerk of the Bankruptcy Court.
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The Clerk of Court is DIRECTED to send a copy of this Decision and Order
to United States Bankruptcy Court Judge Susan V. Kelley.
Pickett’s motion for leave to proceed in forma pauperis (ECF No. 2) is denied
as moot.
The Clerk of the District Court is directed to close this action for statistical
purposes.
Dated at Milwaukee, Wisconsin, this 21st day of March, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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