Cochran, Larry v. Geit, James et al

Filing 72

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 70 Notice of Appeal. (Attachments: # 1 Information sheet, # 2 Order, # 3 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:11−cv−00134−wmc

Cochran, Larry v. Geit, James et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1331 Federal Question: Bivens Act

Date Filed: 02/22/2011
Date Terminated: 12/11/2013
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: U.S. Government Defendant

Plaintiff
Larry Cochran

represented by Larry Cochran
08893−027
Coleman I − USP
P.O. Box 1033
Coleman, FL 33521
PRO SE

V.
Defendant
James Geit

represented by Barbara L Oswald
United States Attorney's Office
660 West Washington Avenue, #303
Madison, WI 53703
608−264−5158
Fax: 608−264−5724
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Steve Dutton

represented by Barbara L Oswald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Steve Robinson

represented by Barbara L Oswald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Derrick Roger
Defendant
Carol Holinka

represented by Barbara L Oswald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Greg Fearday
Date Filed

#

Docket Text

02/22/2011

1 COMPLAINT against James Geit, Steve Dutton, Steve Robinson, Derrick Roger
and Carol Holinka, filed by Larry Cochran. (Case non−randomly assigned to
District Judge William M. Conley.) (Attachments:
# 1 List of Attachments,
# 2 Attachment 1 − Administrative Remedies,
# 3 Attachment 2 − Administrative Tort Claim,
# 4 Attachment 3 − Medical Records − Part 1,
# 5 Attachment 3 − Medical Records − Part 2,
# 6 Cover Letter and Envelope) (elc) (Entered: 02/23/2011)

02/22/2011

2 Motion for Leave to Proceed in forma pauperis Pursuant to 28 U.S.C. 1915(g) by
Plaintiff Larry Cochran. (Attachments:
# 1 Exhibits in Support) (elc),(ps) (Entered: 02/23/2011)

02/22/2011

3 Motion and affidavit for Leave to Proceed without prepayment of fees by Plaintiff
Larry Cochran. (elc),(ps) Terminated motion on 8/11/2011 (jef). (Entered:
02/23/2011)

02/22/2011

4 Prisoner Trust Fund Account Statement by Plaintiff Larry Cochran. (elc),(ps)
(Entered: 02/23/2011)

02/22/2011

5 Motion to Appoint Counsel by Plaintiff Larry Cochran. (Attachments:
# 1 List of Counsel Contacted and Rejection Letter) (elc),(ps) (Entered:
02/23/2011)

02/22/2011

6 Motion for Service by U.S. Marshal Service by Plaintiff Larry Cochran. (elc),(ps)
(Entered: 02/23/2011)

03/01/2011

7 Letter Requesting Status Update by Plaintiff Larry Cochran. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 03/01/2011)

03/01/2011

8 Letter from court in response to 7 Letter Requesting Status Update by Plaintiff
Larry Cochran.(elc),(ps) (Entered: 03/01/2011)

03/09/2011

9 Affidavit of Larry Cochran in Support of Bivens Action. (Attachments:
# 1 Cover Letters,
# 2 Envelope) (jas),(ps) (Entered: 03/09/2011)

03/28/2011

10 Notice of Change of Address by Petitioner Larry Cochran, Plaintiff Larry Cochran
(Attachments:
# 1 Envelope) (jas),(ps) (Entered: 03/29/2011)

04/20/2011

11 Letter Requesting Status Update by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/20/2011)

04/20/2011

12 Response from court to 11 Letter Requesting Status Update by Plaintiff Larry
Cochran. (jef),(ps) (Entered: 04/20/2011)

06/06/2011

13 Letter requesting status update from plaintiff. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/06/2011)

06/08/2011

14 Letter from court in response to 13 Letter requesting status update from plaintiff.
(elc),(ps) (Entered: 06/08/2011)

07/26/2011

15 ORDER on ifp request: Initial partial filing fee of $ 0.32 assessed. ( Initial partial
filing fee due 8/15/2011.) Plaintiff's motions for 5 appointment of counsel and for 6
service of the complaint are denied as premature. Signed by Magistrate Judge
Stephen L. Crocker on 7/26/2011. (jef),(ps) (Entered: 07/26/2011)

08/11/2011

Initial Partial Filing fee received: $ 0.32, receipt number 11791. (jef),(ps) (Entered:
08/11/2011)

08/15/2011

16 Motion for Extension of Time to pay initial partial payment by Plaintiff Larry
Cochran. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 08/15/2011)

02/21/2012

17 Letter Requesting Status Update by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/21/2012)

02/21/2012

18 Letter from court in response to 17 Letter requesting status update from plaintiff.
(jef),(ps) (Entered: 02/21/2012)

04/23/2012

19 Letter Requesting Status Update by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/24/2012)

04/24/2012

20 Letter response from court to 19 Letter Requesting Status Update by Plaintiff Larry
Cochran. (jef),(ps) (Entered: 04/24/2012)

05/29/2012

21 Clarification of plaintiff's claim filed by Larry Cochran. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 05/29/2012)

05/29/2012

22 Letter Requesting Status Update by Plaintiff Larry Cochran. (jef),(ps) (Entered:
05/29/2012)

05/29/2012

23 Letter response from court to 22 Letter Requesting Status Update by Plaintiff Larry
Cochran. (jef),(ps) (Entered: 05/29/2012)

08/03/2012

24 Letter Requesting Status Update, Docket Sheet and Notice of Intent to File Petition
for Writ of Mandamus by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/03/2012)

10/01/2012

25 Letter Requesting Status Update by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/01/2012)

10/17/2012

26 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against
Defendants Steve Dutton, James Geit, Carol Holinka, Steve Robinson, Derrick
Roger. Service to be made by USMS. Signed by Magistrate Judge Stephen L.
Crocker on 10/16/2012. (jef),(ps) (Entered: 10/17/2012)

10/22/2012

27 Summons Issued as to James Geit, Steve Dutton, Steve Robinson, Derrick Roger,
Carol Holinka. Forwarded to USMS for service. (Attachments:
# 1 Summons as to Steve Dutton,
# 2 Summons as to Steve Robinson,
# 3 Summons as to Derrick Roger,
# 4 Summons as to Carol Holinka) (jef),(ps) (Entered: 10/22/2012)

10/25/2012

28 Marshal Service Return Executed. United States Attorney for the Western District
of Wisconsin served on Oct. 24, 2012. (elc),(ps) (Entered: 10/25/2012)

10/29/2012

29 Motion to Appoint Counsel by Plaintiff Larry Cochran. (Attachments:
# 1 Exhibit A − List of attorneys contacted and rejection letter,
# 2 Certificate of Service,
# 3 Cover Letter,
# 4 Envelope) (jef),(ps) (Entered: 10/29/2012)

11/02/2012

30 Marshal Service Return Executed as to James Geit, Steve Dutton and Steven
Robinson. (Attachments:
# 1 USMS form as to Steven Dutton,
# 2 USMS form as to Steven Robinson) (jef),(ps) (Entered: 11/09/2012)

11/02/2012

31 Marshal Service Return Unexecuted as to Derrick Roger. (jef),(ps) (Entered:
11/09/2012)

11/26/2012

32 Letter Requesting Docket Sheet and copies of summons issued to defendants by
Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/26/2012)

11/26/2012

33 Letter from court in response to 32 Letter Requesting Docket Sheet and copies of
summons issued to defendants. (elc),(ps) (Entered: 11/26/2012)

11/28/2012

34 Certified Mail Receipt of 1 Complaint, 27 Summons Issued, sent to Attorney
General Eric Holder. (jef),(ps) (Entered: 11/28/2012)

12/07/2012

35 Marshal Service Return Executed. Carol Holinka served on 11/14/2012 (Sealed
Document) (jef),(ps) (Entered: 12/07/2012)

12/07/2012

36 Marshal Service Return Executed − Redacted re: 35 Marshal Service Return
Executed as to Carol Holinka. (jef),(ps) (Entered: 12/07/2012)

12/07/2012

37 Motion for second clarification of plaintiff's claim re 26 Order on ifp request −
Order on Leave to Proceed, by Plaintiff Larry Cochran. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 12/07/2012)

12/13/2012

38 Motion to Revoke Plaintiff's Leave to Proceed in Forma Pauperis Status by
Defendants Steve Dutton, James Geit, Carol Holinka, Steve Robinson.
(Attachments:
# 1 Certificate of Service) (Oswald, Barbara),(ps) Modified text on 12/13/2012
(jef). (Entered: 12/13/2012)

12/13/2012

39 Brief in Support of 38 Motion for Miscellaneous Relief by Defendants Steve
Dutton, James Geit, Carol Holinka, Steve Robinson. (Oswald, Barbara),(ps)
Modified text on 12/13/2012 (jef). (Entered: 12/13/2012)

12/13/2012

40 Declaration of Craig Klawitter filed by Defendants Steve Dutton, James Geit,
Carol Holinka, Steve Robinson. re: 38 Motion for Miscellaneous Relief
(Attachments:
# 1 Exhibit A − Inmate History Quarters) (Oswald, Barbara),(ps) Modified text on
12/13/2012 (jef). (Entered: 12/13/2012)

12/13/2012

Set Deadlines as to 38 Motion to Revoke Plaintiff's Leave to Proceed in Forma
Pauperis . Plaintiff's Brief in Opposition due 1/4/2013. Defendants' Brief in Reply
due 1/14/2013. (jef),(ps) Modified on 12/13/2012 (jef). (Entered: 12/13/2012)

12/13/2012

41 ORDER that the parties treat defendant Derrick Roger as a Doe defendant until
plaintiff can ascertain his true identity through discovery in accordance with a
schedule to be set at the preliminary pretrial conference. Plaintiff's second 29
motion for appointment of counsel is DENIED without prejudice. Signed by
Magistrate Judge Stephen L. Crocker on 12/12/2012. (jef),(ps) (Entered:
12/13/2012)

12/26/2012

42 MOTION TO DISMISS by Defendants Steve Dutton, James Geit, Carol Holinka,
Steve Robinson. (Attachments:
# 1 Certificate of Service) (Oswald, Barbara),(ps) (Entered: 12/26/2012)

12/26/2012

43 Brief in Support of 42 Motion to Dismiss by Defendants Steve Dutton, James Geit,
Carol Holinka, Steve Robinson (Oswald, Barbara),(ps) (Entered: 12/26/2012)

12/26/2012

44 Declaration of Vickie L. Bortz filed by Defendants Steve Dutton, James Geit,
Carol Holinka, Steve Robinson re: 42 Motion to Dismiss (Attachments:
# 1 Exhibit A − Administrative Remedy Generalized Retrieval,
# 2 Exhibit B − Request for Administrative Remedy dated 8/17/10,
# 3 Exhibit C − Response to Request for Administrative Remedy dated 9/17/10,
# 4 Exhibit D − Regional Administrative Remedy Appeal dated 9/17/10,
# 5 Exhibit E − Response to Regional Administrative Remedy Appeal dated
11/09/10,
# 6 Exhibit F − Central Office Administrative Remedy Appeal dated 11/16/10,
# 7 Exhibit G − Request for Extension of time from Administrative Remedy
Coordinator Central Office,
# 8 Exhibit H − Response to Administrative Remedy No. 603741−A2 dated
3/29/11,
# 9 Exhibit I − Request for Administrative Remedy from Cochran dated 8/17/10,
# 10 Exhibit J − Response to Request for Administrative Remedy dated 9/15/10,
# 11 Exhibit K − Regional Administrative Remedy Appeal dated 9/16/10,
# 12 Exhibit L − Response to Regional Administrative Remedy Appeal dated
10/06/10,
# 13 Exhibit M − Central Office Administrative Remedy Appeal dated 11/03/10,
# 14 Exhibit N − Response to Administrative Remedy No. 603743−A2 dated
4/26/11,
# 15 Exhibit O − Request for Administrative Remedy dated 8/27/10,
# 16 Exhibit P − Response to Request for Administrative Remedy dated 9/17/10,
# 17 Exhibit Q − Regional Administrative Remedy Appeal dated 9/17/10,
# 18 Exhibit R − Response to Regional Administrative Remedy Appeal dated
10/06/10,
# 19 Exhibit S − Central Office Administrative Remedy Appeal dated 11/03/10,

# 20 Exhibit T − Response to Administrative Remedy No. 605760−A2 dated
3/29/11) (Oswald, Barbara),(ps) (Entered: 12/26/2012)
12/26/2012
12/26/2012

45 Letter Requesting Copies by Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (lak),(ps) (Entered: 12/26/2012)
Set Deadlines as to 42 MOTION TO DISMISS Plaintiff's Brief in Opposition due
1/17/2013. Defendants' Brief in Reply due 1/28/2013. (jef),(ps) (Entered:
12/26/2012)

01/03/2013

46 Plaintiff's response to Defendants' re: 38 Motion to Revoke Plaintiff's Leave to
Proceed in Forma Pauperis Status. (jef),(ps) (Additional attachment(s) added on
1/3/2013:
# 1 Envelope) (jef). (Entered: 01/03/2013)

01/03/2013

47 Brief in Opposition by Plaintiff Larry Cochran re: 38 Motion to Revoke Plaintiff's
Leave to Proceed in Forma Pauperis Status, filed by James Geit, Steve Robinson,
Carol Holinka, Derrick Roger, Steve Dutton (Attachments:
# 1 Exhibit A − Plaintiff's motion to proceed in forma pauperis and exhibits A thru
Q,
# 2 Exhibit B − Plaintiff's application to proceed without prepayment of fees and
affidavit,
# 3 Exhibit C − Clarification of plaintiff's claim,
# 4 Exhibit D − Motion to clarify claim second clarification of plaintiff's claim,
# 5 Certificate of Service) (jef),(ps) (Entered: 01/03/2013)

01/03/2013

48 Motion requesting re−evaluation and reconsideration of plaintiff's in forma
pauperis status and the claims stated in plaintiff's original complaint by Plaintiff
Larry Cochran. (jef),(ps) (Entered: 01/03/2013)

01/03/2013

49 Letter response from the court to 45 Letter Requesting Copies by Plaintiff Larry
Cochran. (jef),(ps) (Entered: 01/03/2013)

01/11/2013

50 Brief in Reply by Defendants Steve Dutton, James Geit, Carol Holinka, Steve
Robinson in Support of 38 Motion for Miscellaneous Relief, (Attachments:
# 1 Certificate of Service) (Oswald, Barbara),(ps) (Entered: 01/11/2013)

01/18/2013

51 Motion for Extension of Time to respond to defendants' motion to dismiss by
Plaintiff Larry Cochran. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/18/2013)

01/23/2013

52 ** TEXT ONLY ORDER **
Plaintiff's 51 request for a 60−day extension of his January 17, 2013 deadline to
respond to defendants' motion to dismiss is granted in part and denied in part.
Plaintiff's deadline is extended 30 days, to February 19, 2013. Plaintiff's claims in
this lawsuit are not particularly complex, defendants' motion to dismiss is similarly
straightforward, and plaintiff obviously has enough previous federal litigation
experience to have accumulated three strikes. A 30−day extension is more than
sufficient time for plaintiff to respond. Defendants' brief in reply due March 1,
2013. Signed by Magistrate Judge Stephen L. Crocker on 1/23/2013. (jef),(ps)
(Entered: 01/23/2013)

01/25/2013

53 Motion for Leave to Amend Complaint and Request to Proceed In Forma Pauperis
by Plaintiff Larry Cochran. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 01/25/2013)

02/11/2013

54 Warden PLRA Letter. (jef),(ps) (Entered: 02/11/2013)

02/12/2013

55 Motion to Amend 1 Complaint by Adding New Defendant Mr. Greg Fearday by
Plaintiff Larry Cochran. (Attachments:
# 1 Exhibit A − BP−8(s) and other notices to defendant Fearday,
# 2 Certificate of Service,
# 3 Certificate of Service) (jef),(ps) (Entered: 02/12/2013)

02/12/2013

56 AMENDED COMPLAINT against All Defendants, filed by Larry Cochran.
(Attachments:
# 1 Exhibit A − Request to medical staff and other evidence,

# 2 Exhibit B − Administrative Remedy Receipt) (jef),(ps) Note, there is no page 3
of the amended complaint, but it doesn't seem to be missing, just misnumbered,
2/12/2013 (jef). (Entered: 02/12/2013)
02/12/2013

57 Motion for Leave to Proceed in forma pauperis under the imminent danger
exception by Plaintiff Larry Cochran. (jef),(ps) Modified text on 2/12/2013 (jef).
(Entered: 02/12/2013)

02/12/2013

58 Affidavit of Larry Cochran re: 57 Motion for Leave to Proceed in forma pauperis.
(jef),(ps) (Entered: 02/12/2013)

02/12/2013

59 Prisoner Trust Fund Account Statement by Plaintiff Larry Cochran. (jef),(ps)
(Entered: 02/12/2013)

02/25/2013

60 Brief in Opposition by Plaintiff Larry Cochran re: 42 Motion to Dismiss filed by
James Geit, Steve Robinson, Carol Holinka, Steve Dutton. (Attachments:
# 1 Exhibit A − Administrative Remedies,
# 2 Exhibit B − Administrative Remedies Receipts,
# 3 Certificate of Service,
# 4 Cover Letter,
# 5 Envelope) (jef),(ps) (Entered: 02/25/2013)

02/25/2013

Reset Deadlines as to 42 MOTION TO DISMISS. Defendants' Brief in Reply due
3/7/2013. (jef),(ps) (Entered: 02/25/2013)

03/05/2013

61 Brief in Reply by Defendants Steve Dutton, James Geit, Carol Holinka, Steve
Robinson in Support of 42 Motion to Dismiss (Attachments:
# 1 Certificate of Service) (Oswald, Barbara),(ps) (Entered: 03/05/2013)

07/25/2013

62 Letter Requesting Status Update and Docket Sheet by Plaintiff Larry Cochran.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/25/2013)

08/05/2013

63 Letter from clerk's office in response to 62 Letter Requesting Status Update and
Docket Sheet by Plaintiff Larry Cochran. (elc),(ps) (Entered: 08/05/2013)

09/11/2013

64 Notice of Change of Address and Request for a Status Report or Docket Sheet by
Plaintiff Larry Cochran (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 09/11/2013)

09/17/2013

65 ORDER denying plaintiff's 21 , 37 , 48 Motions for Clarification; denying
defendants' 42 Motion to Dismiss without prejudice; denying 53 , 55 , 57 Motions
for Leave Amend Complaint and for Leave to Proceed in forma pauperis with the
Amended Complaint; granting defendants' 38 Motion to Revoke Plaintiff's Leave
to Proceed in Forma Pauperis. Plaintiff may have until September 30, 2013 to pay
the remainder of the $350 filing fee he owes for this case. If plaintiff fails to meet
this deadline, the case will be dismissed without prejudice. Signed by District
Judge William M. Conley on 9/17/2013. (jef),(ps) (Entered: 09/17/2013)

09/30/2013

66 Motion for Extension of Time to Pay Filing Fee by Plaintiff Larry Cochran.
Motions referred to Stephen L. Crocker. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 09/30/2013)

10/15/2013

67 Motion to Alter or Amend Judgment by Plaintiff Larry Cochran. (Attachments:
# 1 Exhibit A − BP−11 Receipts,
# 2 Certificate of Service,
# 3 Envelope) (jaf),(ps) (Entered: 10/15/2013)

11/19/2013

68 ORDER denying 67 Motion to Alter or Amend Judgment; granting 66 Motion for
Extension of Time. Plaintiff shall pay the $350 filing fee that he owes in this case
no later than December 6, 2013. If plaintiff fails to meet this deadline, the case will
be dismissed without prejudice. No further extensions will be granted. Signed by
District Judge William M. Conley on 11/19/2013. (jef),(ps) (Entered: 11/19/2013)

12/11/2013

69 ORDER that the complaint filed by plaintiff Larry Cochran is DISMISSED
without prejudice pursuant to Fed. R. Civ. P. 4l(b). The clerk's office shall
terminate all pending motions and close this case. Signed by District Judge
William M. Conley on 12/11/2013. (jef),(ps) (Entered: 12/11/2013)

12/11/2013

Civil case terminated per 69 order. (jef),(ps) (Entered: 12/11/2013)

02/07/2014

70 NOTICE OF APPEAL by Plaintiff Larry Cochran as to 69 Order. In forma
pauperis pending. No Docketing Statement filed. (jef),(ps) (Entered: 02/18/2014)

02/18/2014

71 Appeal Information Packet. (jef),(ps) (Entered: 02/18/2014)