Parrish, Kenneth v. McCulloch, Deborah et al

Filing 37

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 35 Notice of Appeal. (Attachments: # 1 Information sheet, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12−cv−00750−bbc

Parrish, Kenneth v. McCulloch, Deborah et al
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 10/12/2012
Date Terminated: 03/17/2014
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Kenneth Parrish

represented by Kenneth Parrish
Sand Ridge Secure Treatment Center
1111 North Rd
P.O. Box 800
Mauston, WI 53948−0700
(608) 847−4438
Fax: sandridge secure tre
PRO SE

V.
Defendant
Deborah McCulloch

represented by Jody J. Schmelzer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−3094
Fax: (608) 267−8906
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anthony David Russomanno
Wisconsin Department of Justice
17 W Main ST, PO Box 7857
Madison, WI 53707
608−267−2238
Fax: 608−267−8906
Email: [e-mail]
TERMINATED: 10/03/2013
Corey Francis Finkelmeyer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−7342
Fax: (608) 267−8906
Email: [e-mail]
TERMINATED: 12/28/2012

Defendant
William Parker

represented by Jody J. Schmelzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anthony David Russomanno
(See above for address)

TERMINATED: 10/03/2013
Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 12/28/2012
Date Filed

#

Docket Text

10/12/2012

1 COMPLAINT against Deborah McCulloch and William Parker, filed by Kenneth
Parrish. (Case non−randomly assigned to District Judge Barbara B. Crabb.)
(Attachments:
# 1 Summons,
# 2 Envelope) (elc) (Entered: 10/12/2012)

10/12/2012

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Kenneth Parrish.
(elc),(ps) (Entered: 10/12/2012)

10/12/2012

3 ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust
Fund Account Statement due 11/5/2012. Signed by Magistrate Judge Stephen L.
Crocker on 10/12/2012. (jef),(ps) (Entered: 10/12/2012)

10/24/2012

4 Resident Account Statement by Plaintiff Kenneth Parrish. (Attachments:
# 1 Envelope) (elc),(ps) (Additional attachment(s) added on 10/24/2012:
# 2 IPP Calculation) (elc). (Entered: 10/24/2012)

10/24/2012

5 ORDER on ifp request: Initial partial filing fee of $ 14.55 assessed. Initial partial
filing fee due 11/14/2012. Signed by Magistrate Judge Stephen L. Crocker on
10/24/2012. (jef),(ps) (Entered: 10/24/2012)

11/07/2012

Partial Filing fee received : $ 14.55, receipt number 34690015737. (elc),(ps)
(Entered: 11/07/2012)

12/17/2012

6 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against
Defendants William Parker, Deborah McCulloch. Materials delivered to DOJ for
acceptance of service. Signed by District Judge Barbara B. Crabb on 12/17/2012.
(jef),(ps) (Entered: 12/17/2012)

12/28/2012

7 Notice of Appearance filed by Anthony David Russomanno for Defendants
Deborah McCulloch, William Parker (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 12/28/2012)

12/28/2012

8 Acceptance of Service by DOJ on behalf of Defendants Deborah McCulloch,
William Parker. (Russomanno, Anthony),(ps) (Entered: 12/28/2012)

12/28/2012

9 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 12/28/2012. (elc),(ps) (Entered: 12/28/2012)

01/24/2013

10 ANSWER by Defendants Deborah McCulloch, William Parker. (Attachments:
# 1 Certificate of Service) (Russomanno, Anthony),(ps) (Entered: 01/24/2013)

01/25/2013

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for
2/26/2013 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendants responsible for setting up the call to chambers at (608) 264−5153.
[Notice Regarding the Telephone Preliminary Pretrial Conference attached]
(elc),(ps) (Entered: 01/25/2013)

02/27/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 2/26/2013 [:20]
(cak),(ps) (Entered: 02/27/2013)

03/01/2013

11 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust
Administrative Remedies due 4/12/2013. Dispositive Motions due 11/1/2013. Rule
26(a)(3) Disclosures and all motions in limine due 4/18/2014. Objections due
5/2/2014. Final Pretrial Conference set for 5/19/2014 at 08:00 AM. Jury Selection
and Trial set for 5/19/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L.
Crocker on 2/28/2013. (jef),(ps) (Entered: 03/01/2013)

03/05/2013

12 Motion for judgment as a matter of law by Plaintiff Kenneth Parrish. (Attachments:
# 1 Exhibit A − Resident statement,
# 2 Exhibit B − Payroll calendar,
# 3 Exhibit C − Priority mail envelope,
# 4 Envelope) (jef),(ps) (Entered: 03/06/2013)

03/19/2013

13 ORDER denying plaintiff's 12 Motion for Judgment as a Matter of Law. Signed by
District Judge Barbara B. Crabb on 3/19/2013. (jef),(ps) (Entered: 03/19/2013)

10/03/2013

14 Notice of Substitution of Counsel by Defendants Deborah McCulloch, William
Parker. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) Modified docket text on
10/4/2013 (mmo). (Entered: 10/03/2013)

11/01/2013

15 MOTION FOR SUMMARY JUDGMENT by Defendants Deborah McCulloch,
William Parker. (Schmelzer, Jody),(ps) (Entered: 11/01/2013)

11/01/2013

16 Proposed Findings of Fact filed by Defendants Deborah McCulloch, William
Parker re: 15 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
11/01/2013)

11/01/2013

17 Affidavit of William Parker filed by Defendants Deborah McCulloch, William
Parker re: 15 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
11/01/2013)

11/01/2013

18 Declaration of Deborah McCulloch filed by Defendants Deborah McCulloch,
William Parker re: 15 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1000 Parrish Patient Requests dated 1−24−12 and 1−28−12,
# 2 Exhibit 1001 3−1−12 letter to Judge Randa,
# 3 Exhibit 1002 Parrish Client Rights Grievances dated 1−24−12 and 1−30−12,
# 4 Exhibit 1003 3−27−12, Client Rights Facilitator Sarah Stuckey Decision,
# 5 Exhibit 1004 SRSTC Policy #118−Processing and Delivery of patient mail)
(Schmelzer, Jody),(ps) (Entered: 11/01/2013)

11/01/2013

19 Affidavit of Stephanie Armitage filed by Defendants Deborah McCulloch, William
Parker re: 15 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1005 excerpt from Patient Handbook explaining Patient Accounts,
# 2 Exhibit 1006 Parrish 12−24−11 to 12−30−11 account balance statement,
# 3 Exhibit 1007 Parrish 1−1−12 to 1−6−12 account balance statement,
# 4 Exhibit 1008 Policy #SR649) (Schmelzer, Jody),(ps) (Entered: 11/01/2013)

11/01/2013

20 Affidavit of Jody J. Schmelzer filed by Defendants Deborah McCulloch, William
Parker re: 15 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1009 Decision and Order dated 12−7−11 re Parrish v. McCulloch,
EDWI 11−C−419,
# 2 Exhibit 1010 Decision and Order dated 2−8−12 re Parrish v. McCulloch,
EDWI 11−C−419,
# 3 Exhibit 1011 Motion Notice of Appeal dated 2−3−12 re Parrish v. McCulloch,
EDWI 11−C−419,
# 4 Exhibit 1012 Order decided 9−26−12 re Parrish v. McCulloch, USCA
12−1218) (Schmelzer, Jody),(ps) (Entered: 11/01/2013)

11/01/2013

21 Brief in Support of 15 Motion for Summary Judgment by Defendants Deborah
McCulloch, William Parker (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 11/01/2013)

11/01/2013

Set Deadlines as to 15 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.]
Plaintiff's Brief in Opposition due 12/2/2013. Defendants' Brief in Reply due
12/12/2013. (elc),(ps) (Entered: 11/01/2013)

11/06/2013

22 Cover Letter re: 23 Amended Affidavit of William Parker filed by Defendants
Deborah McCulloch, William Parker. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) Modified on 11/7/2013. (lak)
(Entered: 11/06/2013)

11/06/2013

23 Amended Affidavit of William Parker filed by Defendants Deborah McCulloch,
William Parker re: 15 Motion for Summary Judgment (Schmelzer, Jody),(ps)

Modified on 11/7/2013. (lak) (Entered: 11/06/2013)
11/07/2013

24 MOTION FOR SUMMARY JUDGMENT by Plaintiff Kenneth Parrish.
(Attachments:
# 1 Statement Required by Civil L.R. 56(a)(1)(A),
# 2 Envelope) (jaf),(ps) (Entered: 11/07/2013)

11/07/2013

25 Affidavit of Kenneth Parrish filed by Plaintiff Kenneth Parrish re: 24 Motion for
Summary Judgment (jaf),(ps) (Entered: 11/07/2013)

11/07/2013

26 Brief in Support of 24 Motion for Summary Judgment by Plaintiff Kenneth Parrish
(Attachments:
# 1 Exhibit A − Resident Statement (Sealed),
# 2 Exhibit B − SRSTC Patient Payroll Calendar,
# 3 Exhibit C − 1−4−12 Disbursement Request,
# 4 Exhibit D − 6−1−12 NSF − Notification of Unsent Mail,
# 5 Exhibit E − Appellate order denying petition for rehearing,
# 6 Exhibit F − 3−1−12 Letter to Judge Randa from Defendant,
# 7 Exhibit G − Court of Appeals order dismissing case,
# 8 Exhibit H − Priority Mail Envelope) (jaf),(ps) Modified on 11/7/2013 (jaf).
(Entered: 11/07/2013)

11/13/2013

27 Motion to Strike 23 Affidavit by Plaintiff Kenneth Parrish. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 11/13/2013)

11/25/2013

Set Briefing Deadlines as to plaintiff's 27 Motion to Strike 23 Affidavit.
Defendants' Response due 12/2/2013. (jef),(ps) (Entered: 11/25/2013)

11/26/2013

28 ORDER denying plaintiff's 24 Motion for Summary Judgment. Signed by District
Judge Barbara B. Crabb on 11/26/2013. (jef),(ps) (Entered: 11/26/2013)

12/02/2013

29 Brief in Opposition (Part 1) by Plaintiff Kenneth Parrish re: 15 Motion for
Summary Judgment filed by Deborah McCulloch, William Parker (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 12/02/2013)

12/02/2013

30 Brief in Opposition (Part 2) by Plaintiff Kenneth Parrish re: 15 Motion for
Summary Judgment filed by Deborah McCulloch, William Parker (jaf),(ps)
(Entered: 12/02/2013)

12/02/2013

31 Brief in Opposition by Defendants Deborah McCulloch, William Parker re: 27
Motion to Strike filed by Kenneth Parrish (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/02/2013)

12/05/2013

32 Letter Stating No Reply to be Filed by Defendants Deborah McCulloch, William
Parker re: 15 Motion for Summary Judgment filed by Deborah McCulloch,
William Parker (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/05/2013)

03/17/2014

33 ORDER granting 15 Motion for Summary Judgment; denying 27 Motion to Strike.
The clerk of court is directed to enter judgment in favor of defendants and close
this case. Signed by District Judge Barbara B. Crabb on 3/17/2014. (jef),(ps)
(Entered: 03/17/2014)

03/17/2014

34 JUDGMENT entered in favor of Defendants Deborah McCulloch, William Parker
dismissing this case. (PAO/jef). (jef),(ps) (Entered: 03/17/2014)

03/26/2014

35 NOTICE OF APPEAL by Plaintiff Kenneth Parrish as to 33 Order, 34 Judgment.
In forma pauperis pending. No Docketing Statement filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 03/27/2014)

03/27/2014

36 Appeal Information Packet. (jef),(ps) (Entered: 03/27/2014)