Rivera, Nataneal v. Jimenez, George, et al

Filing 70

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 68 Notice of Appeal. (Attachments: # 1 Information sheet, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

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U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12-cv-00476-bbc

Rivera, Nataneal v. Jimenez, George, et al
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 07/05/2012
Date Terminated: 12/09/2013
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Natanael Rivera

represented by Natanael Rivera
435734
Columbia Correctional Institution
2925 Columbia Drive
P.O. Box 900
Portage, WI 53901-0900
PRO SE

V.
Defendant
George J. Jimenez

represented by Anthony David Russomanno
Wisconsin Department of Justice
17 W Main ST, PO Box 7857
Madison, WI 53707
608-267-2238
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Monica A. Burkert - Brist
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608-266-1795
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

07/05/2012

1 ORDER that this case is SEVERED from case 12-cv-240-bbc in accordance with Fed. R. Civ. P. 20. Plaintiff's
"Amended Verified Complaint," will proceed as a case no. 12-cv-476-bbc. Plaintiff is directed to make an initial
partial payment of $6.01 for case no. 12-cv- 476-bbc. Signed by District Judge Barbara B. Crabb on 7/5/2012.
(jef) (Entered: 07/06/2012)

07/05/2012

2 COMPLAINT against All Defendants, filed by Natanael Rivera. (Case non-randomly assigned to District Judge
Barbara B. Crabb.) (jef) (Entered: 07/06/2012)

07/05/2012

3 Motion for Leave to Proceed in forma pauperis by Plaintiff Natanael Rivera. (jef),(ps) (Entered: 07/06/2012)

07/23/2012

4 Letter from plaintiff regarding filing fee. (Attachments:
# 1 Memo from business office,
# 2 Envelope) (jef),(ps) (Entered: 07/23/2012)

07/30/2012

5 ORDER that plaintiff's $6.01 initial partial payment of the $350 fee for filing this case may be taken from his
release account funds. Initial partial filing fee due 8/17/2012. Signed by Magistrate Judge Stephen L. Crocker on

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7/27/2012. (jef),(ps) (Entered: 07/30/2012)
08/20/2012

Initial Partial Filing fee received: $ 6.01, receipt number 15054. (jef),(ps) (Entered: 08/21/2012)

09/25/2012

6 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant George J. Jimenez. Leave to
proceed denied and case dismissed against Tomes Compball, Sara Cooper, John Doe 1-12, Peter Ericksen,
Numeke, Rouse, Tingly, Micheal Baenen and Comeing. Materials delivered to DOJ for acceptance of service.
Signed by District Judge Barbara B. Crabb on 9/25/2012. (jef),(ps) (Entered: 09/25/2012)

09/25/2012

7 Warden PLRA Letter. (jef),(ps) (Entered: 09/25/2012)

09/28/2012

8 Notice of Appearance filed by Monica A. Burkert - Brist for Defendant George J. Jimenez (Attachments:
# 1 Certificate of Service) (Burkert - Brist, Monica),(ps) (Entered: 09/28/2012)

09/28/2012

9 Acceptance of Service by DOJ on behalf of Defendant George J. Jimenez. (Burkert - Brist, Monica),(ps)
(Entered: 09/28/2012)

09/28/2012

10 Memorandum that for the remainder of this lawsuit plaintiff need only send a copy of his filings in this case to the
court pursuant to an informal service agreement with the Wisconsin Department of Justice. Signed by Magistrate
Judge Stephen L. Crocker on 9/28/12. (elc),(ps) (Entered: 09/28/2012)

11/01/2012

11 ANSWER by Defendant George J. Jimenez. (Attachments:
# 1 Certificate of Service) (Burkert - Brist, Monica),(ps) (Entered: 11/01/2012)

11/01/2012

11/16/2012

11/28/2012

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 11/28/2012 at 01:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at
[phone]. [Notice Regarding the Telephone Preliminary Pretrial Conference attached] (elc),(ps) (Entered:
11/01/2012)
12 Motion for More Definite Statement by Plaintiff Natanael Rivera. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 11/16/2012)
Reset Telephone Pretrial Conference: Telephone Pretrial Conference reset for 12/12/2012 at 01:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Defendant is responsible for setting up the call to chambers at
[phone]. (elc),(ps) (Entered: 11/28/2012)

11/30/2012

13 ORDER denying plaintiff's 12 Motion for More Definite Statement. Signed by District Judge Barbara B. Crabb
on 11/30/2012. (jef),(ps) (Entered: 11/30/2012)

12/17/2012

14 Pretrial Conference Order - Dispositive Motions for Failure to Exhaust Administrative Remedies due 2/8/2013.
Dispositive Motions due 8/2/2013. Rule 26(a)(3) Disclosures and all motions in limine due 1/17/2014. Objections
due 1/31/2014. Final Pretrial Conference set for 2/18/2014 at 08:30 AM. Jury Selection and Trial set for
2/18/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/17/2012. (jef),(ps) (Entered:
12/17/2012)

12/18/2012

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial
Conference - Pro Se held on 12/12/2012 [:15] (cak),(ps) (Entered: 12/18/2012)

08/02/2013

15 Certificate of Service by Defendant George J. Jimenez (Russomanno, Anthony),(ps) (Entered: 08/02/2013)

08/02/2013

16 MOTION FOR SUMMARY JUDGMENT by Defendant George J. Jimenez. (Russomanno, Anthony),(ps)
(Entered: 08/02/2013)

08/02/2013

17 Brief in Support of 16 Motion for Summary Judgment by Defendant George J. Jimenez (Russomanno,
Anthony),(ps) (Entered: 08/02/2013)

08/02/2013

18 Proposed Findings of Fact filed by Defendant George J. Jimenez re: 16 Motion for Summary Judgment
(Russomanno, Anthony),(ps) Modified on 8/5/2013; wrong case number on document. (mmo). (Entered:
08/02/2013)

08/02/2013

19 Affidavit of Karen Anderson filed by Defendant George J. Jimenez re: 16 Motion for Summary Judgment
(Attachments:
# 1 Exhibit 103 - Medical Records) (Russomanno, Anthony),(ps) Modified on 8/5/2013; wrong case number on
document. (mmo). (Entered: 08/02/2013)

08/02/2013

20 Affidavit of Thomas J. Campbell filed by Defendant George J. Jimenez re: 16 Motion for Summary Judgment
(Attachments:
# 1 Exhibit 100 - I.R. 00008126) (Russomanno, Anthony),(ps) Modified on 8/5/2013; wrong case number on
document. (mmo). (Entered: 08/02/2013)

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08/02/2013

21 Affidavit of George E. Jimenez filed by Defendant George J. Jimenez re: 16 Motion for Summary Judgment
(Attachments:
# 1 Exhibit 104 - I.R. 00008115) (Russomanno, Anthony),(ps) Modified on 8/5/2013;wrong case number on
document. (mmo). (Entered: 08/02/2013)

08/02/2013

22 Affidavit of Chad D Rouse filed by Defendant George J. Jimenez re: 16 Motion for Summary Judgment
(Attachments:
# 1 Exhibit 101 - DVD Cell Extraction 7-14-11 - Hand delivered to Court,
# 2 Exhibit 102 - I.R. 00008130) (Russomanno, Anthony),(ps) Modified on 8/5/2013; wrong case number on
document. (mmo). (Entered: 08/02/2013)

08/02/2013

Set Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT . [Pro Se Summary Judgment Procedure for
Cases Assigned to Judge Crabb attached.] Plaintiff's Brief in Opposition due 9/3/2013. Defendant's Brief in
Reply due 9/13/2013. (elc),(ps) (Entered: 08/02/2013)

08/05/2013
08/06/2013

08/07/2013

08/07/2013
08/07/2013
08/07/2013

23 DVD of 7/14/2011 Cell Extraction filed conventionally. DVD Located on Shelf 36 in Clerk's Office Exhibit
Room. (elc),(ps) Modified shelf location on 12/5/2013 (elc). (Entered: 08/05/2013)
Clerk's Office remark: Updated plaintiff's address to Columbia Correctional Institution per his August 6, 2013
filing in case 12-cv-240-bbc. Also, mailed August 2, 2013 briefing schedule and summary judgment procedures in
case 12-cv-476-bbc. (jef),(ps) Modified text on 8/6/2013 (jef). (Entered: 08/06/2013)
24 Request for copies of orders and docket entries by Plaintiff Natanael Rivera. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 08/07/2013)
Clerk's Office remark: mailed copy of pretrial conference order to plaintiff at Columbia Correctional Institution.
(jef),(ps) (Entered: 08/07/2013)
25 Motion for an order directing defendants to allow plaintiff to view DVD Exhibit 101 by Plaintiff Natanael Rivera.
(jef),(ps) (Entered: 08/07/2013)
Set Briefing as to plaintiff's 25 Motion for order directing defendants to allow plaintiff to view Exhibit 101 DVD.
Defendants' Response due 8/14/2013. There will be no reply. (jef),(ps) (Entered: 08/07/2013)

08/12/2013

26 Notice by Defendants that plaintiff's 57 Second Request for Production of Documents filed case 12-cv00240-bbc should be directed to defendants in case 12-cv-476-bbc. (Attachments:
# 1 Copy of Dkt. 57 in 12-cv-240-bbc,
# 2 Copy of NEF sent for dkt. 57 in 12-cv-240-bbc,
# 3 Envelope) (elc),(ps) (Entered: 08/12/2013)

08/13/2013

27 Brief in Opposition by Defendant George J. Jimenez re: 25 Motion for Miscellaneous Relief filed by Natanael
Rivera (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 08/13/2013)

08/13/2013

28 Affidavit of Melissa Schueler filed by Defendant George J. Jimenez re: 25 Motion for Miscellaneous Relief
(Russomanno, Anthony),(ps) (Entered: 08/13/2013)

08/13/2013

29 Motion for a telephone conference or to order defendants to give plaintiff a pen to respond to the defendants'
motion, by Plaintiff Natanael Rivera. (Attachments:
# 1 Envelope) (jef),(ps) Note, document is very, very faint, and is scanned on the most readable setting. (jef)
(Entered: 08/13/2013)

08/16/2013

30 Letter from clerk's office returning 29 Illegible Submission to plaintiff. (elc),(ps) (Entered: 08/16/2013)

08/22/2013

31 ORDER denying 25 Motion for order directing defendants to allow plaintiff to view Exhibit 101 as unnecessary.
Signed by District Judge Barbara B. Crabb on 8/22/2013. (jef),(ps) (Entered: 08/22/2013)

08/30/2013

32 Motion to to extend the deadline to respond to summary judgment and stop harassment from defendants and
their co-workers by Plaintiff Natanael Rivera. (Attachments:
# 1 Interview/Information Requests,
# 2 ICE Report 2013-14589,
# 3 8/20/2013 Memorandum to plaintiff re: 2013 Legal Loan,
# 4 Envelopes) (elc),(ps) (Entered: 08/30/2013)

08/30/2013

Set Deadlines as to 32 Motion to stop harassment from defendants and their co-workers, to permit viewing of
video-disc, allow plaintiff to participate in legal loan program, to go to the law library and to extend the deadline
to respond to summary judgment. Defendants' Response due 9/6/2013. There shall be no reply. (elc),(ps)
(Entered: 08/30/2013)

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09/06/2013

33 Certificate of Service by Defendant George J. Jimenez (Burkert - Brist, Monica),(ps) (Entered: 09/06/2013)

09/06/2013

34 Brief in Opposition by Defendant George J. Jimenez re: 32 Motion for Miscellaneous Relief, filed by Natanael
Rivera (Burkert - Brist, Monica),(ps) (Entered: 09/06/2013)

09/06/2013

35 Affidavit of Melissa Schueler filed by Defendant George J. Jimenez re: 32 Motion for Miscellaneous Relief,
(Attachments:
# 1 Exhibit A - Memorandum to plaintiff re Legal loans - dated 8-20-13,
# 2 Exhibit B - Memorandum re: Library Closures - dated 8-26-13) (Burkert - Brist, Monica),(ps) (Entered:
09/06/2013)

09/10/2013

36 ** TEXT ONLY ORDER **
Order GRANTING plaintiff's 32 Motion to extend the deadline to respond to summary judgment. Plaintiff's
opposition materials are due by September 24, 2013. Defendant's reply is due October 4, 2013. No further
extensions will be granted. Signed by Magistrate Judge Stephen L. Crocker on 9/10/2013. (elc),(ps) (Entered:
09/10/2013)

09/10/2013
09/11/2013

09/16/2013

Reset Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT . Plaintiff's Brief in Opposition due
9/24/2013. Defendant's Brief in Reply due 10/4/2013. (elc),(ps) (Entered: 09/10/2013)
37 Motion for Miscellaneous Relief / titled as Objection, by Plaintiff Natanael Rivera. (Attachments:
# 1 Exhibits Y & Z - Interview Information Requests,
# 2 Envelope) (jaf),(ps) Modified event to a motion on 9/16/2013 (jef/jmm). (Entered: 09/11/2013)
Set Briefing Deadlines as to plaintiff's 37 Motion for Miscellaneous Relief / titled as Objection. Defendants'
Response due 9/20/2013. There will be no reply. (jef/jmm),(ps) (Entered: 09/16/2013)

09/20/2013

38 Brief in Opposition by Defendant George J. Jimenez re: 37 Motion for Miscellaneous Relief filed by Natanael
Rivera (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 09/20/2013)

09/20/2013

39 Third Affidavit of Melissa Schueler filed by Defendant George J. Jimenez re: 37 Motion for Miscellaneous Relief
(Attachments:
# 1 Exhibit DOC Letter to Rivera) (Russomanno, Anthony),(ps) (Entered: 09/20/2013)

09/20/2013

40 Affidavit of Anthony D. Russomanno filed by Defendant George J. Jimenez re: 37 Motion for Miscellaneous
Relief (Attachments:
# 1 Exhibit First Discovery Demand,
# 2 Exhibit First Discovery Response,
# 3 Exhibit First Document Response,
# 4 Exhibit Second Discovery Demand,
# 5 Exhibit Second Discovery Response) (Russomanno, Anthony),(ps) (Entered: 09/20/2013)

09/20/2013

41 Motion for Sanctions by Plaintiff Natanael Rivera. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 09/23/2013)

09/20/2013

42 Brief in Support of 41 Motion for Sanctions by Plaintiff Natanael Rivera (elc),(ps) (Entered: 09/23/2013)

09/23/2013

43 Affidavit of Natanael Rivera re: 41 Motion for Sanctions (elc),(ps) (Entered: 09/23/2013)

09/23/2013

Set Deadlines as to 41 Motion for Sanctions. Defendants' Brief in Opposition due 9/27/2013. There will be no
reply. (elc),(ps) (Entered: 09/23/2013)

09/23/2013

44 ORDER that plaintiff Natanael Rivera is GRANTED a one-week extension of time to file his response to
defendant George Jimenez's motion for summary judgment. Plaintiff may have until October 1, 2013 to file his
response materials; defendants may have until October 11, 2013 to file their reply. No further extensions will be
granted. Plaintiff's requests for court assistance, dkt. # 37 , are DENIED in all other respects. Signed by District
Judge Barbara B. Crabb on 9/23/2013. (jef),(ps) (Entered: 09/23/2013)

09/23/2013

45 ORDER denying plaintiff's 41 Motion for Sanctions. Signed by District Judge Barbara B. Crabb on 9/23/2013.
(jef),(ps) (Entered: 09/23/2013)

10/11/2013

46 Brief in Reply by Defendant George J. Jimenez in Support of 16 Motion for Summary Judgment (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 10/11/2013)

10/11/2013

47 Second Motion to Sanction Defendants and Their Coworkers by Plaintiff Natanael Rivera. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jaf),(ps) (Entered: 10/11/2013)

10/11/2013

48 Brief in Support of 47 Motion for Sanctions by Plaintiff Natanael Rivera (Attachments:
# 1 Certificate of Service) (jaf),(ps) (Entered: 10/11/2013)

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10/11/2013

49 Affidavit of Natanael Rivera filed by Plaintiff Natanael Rivera re: 47 Motion for Sanctions (Attachments:
# 1 Exhibit 501 - 9-21-13 Memo to Mr. Vilwock) (jaf),(ps) (Entered: 10/11/2013)

10/11/2013

50 Motion of Genuine Issues of Material Fact Precludes Summary Judgment for the Defendants on These Claims by
Plaintiff Natanael Rivera. (jaf),(ps) (Entered: 10/11/2013)

10/11/2013

51 Brief in Opposition by Plaintiff Natanael Rivera re: 16 Motion for Summary Judgment filed by George J. Jimenez
(jaf),(ps) (Entered: 10/11/2013)

10/11/2013

52 Proposed Findings of Fact filed by Plaintiff Natanael Rivera re: 16 Motion for Summary Judgment (jaf),(ps)
(Entered: 10/11/2013)

10/11/2013

53 Affidavit of Natanael Rivera filed by Plaintiff Natanael Rivera re: 16 Motion for Summary Judgment (jaf),(ps)
(Entered: 10/11/2013)

10/11/2013

54 Motion for Assistance in Recruiting Counsel by Plaintiff Natanael Rivera. (jaf),(ps) (Entered: 10/11/2013)

10/11/2013

Set/Reset Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT 47 Motion for Sanctions. Defendants
summary judgment reply and opposition to plaintiff's motion for sanctions is due 10/21/2013. (elc),(ps) (Entered:
10/11/2013)

10/16/2013

55 Motion for Order by Plaintiff Natanael Rivera. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (Scanned on darkest setting) (jaf),(ps) Document maintained in pro se folder for faint pleadings,
10/22/2013 (jef). (Entered: 10/16/2013)

10/16/2013

56 Affidavit of Natanael Rivera (unsigned) filed by Plaintiff Natanael Rivera re: 55 Motion for Miscellaneous Relief
(Scanned on darkest setting) (jaf),(ps) (Entered: 10/16/2013)

10/17/2013

57 Letter from the Clerk's Office returning 56 affidavit to plaintiff for signature. (jef),(ps) (Entered: 10/17/2013)

10/18/2013

58 Brief in Reply by Defendant George J. Jimenez in Support of 16 Motion for Summary Judgment (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 10/18/2013)

10/18/2013

59 Reply in Support of Proposed Findings of Fact filed by Defendant George J. Jimenez re: 16 Motion for Summary
Judgment (Russomanno, Anthony),(ps) (Entered: 10/18/2013)

10/18/2013

60 Response to Proposed Findings of Fact filed by Defendant George J. Jimenez re: 16 Motion for Summary
Judgment (Russomanno, Anthony),(ps) (Entered: 10/18/2013)

10/18/2013

61 Brief in Opposition by Defendant George J. Jimenez re: 55 Motion for Miscellaneous Relief filed by Natanael
Rivera, 47 Motion for Sanctions filed by Natanael Rivera (Russomanno, Anthony),(ps) (Entered: 10/18/2013)

10/18/2013

62 Affidavit of Misty Kurth filed by Defendant George J. Jimenez re: 47 Motion for Sanctions, 55 Motion for
Miscellaneous Relief (Russomanno, Anthony),(ps) (Entered: 10/18/2013)

10/21/2013

63 Signed copy of 56 Affidavit filed by Natanael Rivera. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 10/22/2013)

11/08/2013

64 Brief in Reply (Scanned on darkest setting) by Plaintiff Natanael Rivera in Support of 47 Motion for Sanctions
(Attachments:
# 1 Envelope) (jaf),(ps) Original document is maintained in the clerk's office, 11/8/2013 (jef). (Main Document
64 rescanned and replaced on 11/12/2013) (jef). (Entered: 11/08/2013)

11/08/2013

65 Motion to Take Judicial Notice (Scanned on darkest setting) by Plaintiff Natanael Rivera. (jaf),(ps) Modified on
11/8/2013 (jaf). Original document is maintained in the clerk's office, 11/8/2013 (jef). (Main Document 65
rescanned and replaced on 11/12/2013) (jef). (Entered: 11/08/2013)

12/09/2013

66 ORDER denying 47 Motion for Sanctions; denying 50 Motion for of Genuine Issues of Material Fact Precludes
Summary Judgment for the Defendants on These Claims; denying 51 Motion to Amend; denying 54 Motion for
Assistance in Recruiting Counsel; denying 55 Motion for Order; denying 65 motion to amend; and granting 16
Motion for Summary Judgment. The clerk of court is directed to enter judgment in favor of defendant and close
this case. Signed by District Judge Barbara B. Crabb on 12/9/2013. (jef),(ps) (Entered: 12/09/2013)

12/09/2013

67 JUDGMENT entered in favor of defendants dismissing this case. (PAO/jef). (jef),(ps) (Entered: 12/09/2013)

12/30/2013

68 NOTICE OF APPEAL by Plaintiff Natanael Rivera as to 66 Order, 67 Judgment. In forma pauperis pending. No
Docketing Statement filed. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 12/30/2013)

12/30/2013

69 Appeal Information Packet. (jef),(ps) (Entered: 12/30/2013)

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