Thomas, Darreyll v. Reese, Michael et al

Filing 63

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 58 Notice of Appeal. (Attachments: # 1 Information sheet, # 2 Docketing Statement, # 3 Dkt. 47 Order, Aug. 6, 2014, # 4 Dkt. 51 Order, Oct. 2, 2014, # 5 Dkt. 52 Judgment, Oct. 2 2014, # 6 Dkt. 55 Order, Oct. 15, 2014, # 7 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13−cv−00597−wmc

Thomas, Darreyll v. Reese, Michael et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 08/26/2013
Date Terminated: 08/06/2014
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Darreyll T. Thomas

represented by Darreyll T. Thomas
442896
Columbia Correctional Institution
2925 Columbia Drive
P.O. Box 900
Portage, WI 53901−0900
(608) 742−9100
PRO SE

V.
Defendant
Deputy Michael Reese

represented by Timothy J. Yanacheck
Bell, Moore &Richter, SC
44 East Mifflin Street
PO Box 1807
Madison, WI 53701−1807
608−257−3764
Fax: 608−257−3757
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
Bell, Moore &Richter, S.C.
44 East Mifflin Street, Suite 1000
P.O. Box 1807
Madison, WI 53701
608−259−2315
Fax: 608−257−3757
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Deputy Robin Hampton

represented by Timothy J. Yanacheck
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Deputy Rob Van Norman

represented by Timothy J. Yanacheck
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Deputy Christopher Larsh

represented by Timothy J. Yanacheck
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dane County Jail
(D.C.J.)
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Prison Health Services Inc.
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dane County − Madison, WI
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Madison Police Department
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Department of Corrections
TERMINATED: 04/24/2014

represented by 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: 05/29/2014
LEAD ATTORNEY
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
C.C.I. Dept. / Health Serv. Unit
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dane County Jail Administrator
TERMINATED: 05/06/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
John Does 1−5

Date Filed

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED
#

Docket Text

08/26/2013

1 COMPLAINT against All Defendants, filed by Darreyll T. Thomas. (Case
randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Summons,
# 2 Envelope) (jef) (Entered: 08/26/2013)

08/26/2013

2 Motion for Assistance in Recruiting Counsel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Attorney rejection letters (5)) (jef),(ps) (Entered: 08/26/2013)

08/26/2013

3 Motion for Leave to Proceed in forma pauperis and for Use of Release Account
Funds by Plaintiff Darreyll T. Thomas. (jef),(ps) Modified text on 8/29/2013 (jef).
Modified on 8/29/2013 (jef). (Entered: 08/26/2013)

08/26/2013

4 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas. (jef),(ps)
(Entered: 08/26/2013)

09/04/2013

5 ORDER denying 2 Motion for Assistance in Recruiting Counsel; granting 3
Motion for Leave to Proceed without prepayment of fees, granting in part 3 motion
to use release account funds. Initial partial filing fee of $ 72.20 assessed. (Fee due
9/25/2013.) Signed by Magistrate Judge Peter A. Oppeneer on 9/4/2013. (jef),(ps)
(Entered: 09/04/2013)

09/18/2013

6 Brief in Support re 1 Complaint by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 09/18/2013)

09/18/2013

Partial Filing fee received : $ 72.20, receipt number 34690018265 (elc),(ps)
(Entered: 09/18/2013)

09/18/2013

Motion for In Forma Pauperis Screening. (elc),(ps) (Entered: 09/18/2013)

09/18/2013

7 Warden PLRA Letter. (elc),(ps) (Entered: 09/18/2013)

10/30/2013

8 Motion for Assistance in Recruiting Counsel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Correspondence from Dane County Sheriff's Office,
# 2 Envelope) (jaf),(ps) (Entered: 10/30/2013)

10/31/2013

9 ORDER denying 8 Motion for Assistance in Recruiting Counsel. Signed by
District Judge William M. Conley on 10/31/2013. (jef),(ps) (Entered: 10/31/2013)

12/11/2013

10 Letter from Darreyll Thomas regarding next steps (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 12/11/2013)

01/03/2014

11 Motion for Protective Order to preserve video tape evidence by Plaintiff Darreyll
T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) Modified docket text on 1/3/2014 (elc). (Entered:
01/03/2014)

01/03/2014

12 Brief in Support of 11 Motion for Protective Order by Plaintiff Darreyll T. Thomas
(Attachments:
# 1 Exhibit Table of Contents,
# 2 Exhibit A − Letters to Records Dept,
# 3 Exhibit B − Dane Co. Sheriff's Office Response,
# 4 Exhibit D − Letter to Sheriff Mahoney,
# 5 Exhibit E − Letter to Chief Noble Wray,
# 6 Exhibit F − Letter to Commissioner Herrick,
# 7 Exhibit G − Letter to AG Van Hollen,
# 8 Exhibit H − Letter to Administrator O'Keefe) (jaf),(ps) (Entered: 01/03/2014)

01/03/2014

13 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas (jaf),(ps)
(Entered: 01/03/2014)

01/03/2014

14 Motion for Declaratory Judgment by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 01/03/2014)

01/03/2014

15 Brief in Support of 14 Motion for Declaratory Judgment by Plaintiff Darreyll T.
Thomas (jaf),(ps) (Entered: 01/03/2014)

02/12/2014

16 Letter from Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 02/12/2014)

02/13/2014

17 ** TEXT ONLY ORDER **
Plaintiff Darreyll T. Thomas has filed a motion for a protective order seeking
discovery of videotape evidence in possession of the Dane County Sheriff's Office.
(Dkt. # 11 ). He has also filed a motion for a declaratory judgment. (Dkt. # 14 ).
The court will consider the request for declaratory relief as a supplement to the
complaint, which is currently under consideration for screening pursuant to 28
U.S.C. § 1915A. All discovery is STAYED until after the court has completed the
screening process and there has been a preliminary pretrial conference, if
necessary, in this case. Signed by District Judge William M. Conley on 2/13/2014.
(elc),(ps) (Entered: 02/13/2014)

02/21/2014

18 Letter from clerk's office in response to 16 Letter from Plaintiff Darreyll T.
Thomas. (elc),(ps) (Entered: 02/21/2014)

04/24/2014

19 AMENDED COMPLAINT against Robin Hampton, Christopher Larsh, Michael
Reese, Rob Van Norman, Dane County Jail Administrator, John Does 1−5, filed by
Darreyll T. Thomas. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/24/2014)

05/06/2014

20 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against
Defendants John Does 1−5, Robin Hampton, Christopher Larsh, Michael Reese,
Rob Van Norman. Leave to proceed denied and case dismissed against Dane
County Jail Administrator. Service to be made by USMS. Thomas's request for
leave to proceed with any of his remaining claims is DENIED. Signed by District
Judge William M. Conley on 5/6/2014. (jef),(ps) (Entered: 05/06/2014)

05/07/2014

21 Summons Issued as to Robin Hampton, Christopher Larsh, Michael Reese, Rob
Van Norman. Forwarded to USMS for service. (Attachments:
# 1 Summons as to Hampton,
# 2 Summons as to Van Norman,
# 3 Summons as to Larsh) (jef),(ps) (Entered: 05/07/2014)

05/16/2014

22 Motion for Reconsideration re 20 Order, by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 05/16/2014)

05/19/2014

23 ORDER denying plaintiff Darreyll T. Thomas's 22 motion for reconsideration
regarding his request to proceed with a deliberate−indifference claim and granting
Thomas's 22 request for clarification of the screening order. Thomas may proceed
with claims of excessive−force and/or failure to intervene against defendants
Michael Reese, Robin Hampton, Robert Van Norman, Christopher Larsh and John
Does 1 through 5. Thomas may also proceed with claims of retaliation and state
law battery against defendant Reese. Thomas's request for leave to proceed with a
state law negligence claim is denied. Signed by District Judge William M. Conley
on 5/19/2014. (jef),(ps) (Entered: 05/19/2014)

05/23/2014

24 ANSWER to Amended Complaint by Defendants Robin Hampton, Christopher
Larsh, Michael Reese, Rob Van Norman. (Attachments:
# 1 Certificate of Service) (Yanacheck, Timothy),(ps) (Entered: 05/23/2014)

05/23/2014

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for
6/12/2014 at 01:30 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: 05/23/2014)
05/29/2014

25 Motion for Appointment of Counsel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Attorney Rejection Letters,
# 2 Cover Letter,
# 3 Envelope) (elc),(ps) (Entered: 05/29/2014)

05/29/2014

26 Declaration of Darreyll T. Thomasre: 25 Motion for Appointment of Counsel.
(elc),(ps) (Entered: 05/29/2014)

05/29/2014

27 Motion to Alter or Amend 23 Order entered May 19, 2014 by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 05/29/2014)

06/02/2014

28 Marshal Service Return Executed. Robin Hampton served on 5/19/2014;
Christopher Larsh served on 5/19/2014; Michael Reese served on 5/19/2014; and
Rob Van Norman served on 5/19/2014. (Attachments:
# 1 Process Receipt and Return as to Van Norman,
# 2 Process Receipt and Return as to Reese,
# 3 Process Receipt and Return as to Hampton) (nln),(ps) (Entered: 06/02/2014)

06/02/2014

29 ORDER denying plaintiff's 25 Motion for Counsel without prejudice as to later
reconsideration. Signed by District Judge William M. Conley on 6/2/2014.
(jef),(ps) (Entered: 06/02/2014)

06/02/2014

30 ** TEXT ONLY ORDER **
Plaintiff Darreyll T. Thomas has filed a motion to alter or amend a decision
denying his motion for reconsideration of the screening order in this case. He now
appears to claim that certain defendants denied him adequate medical care with
deliberate indifference by assigning him to a top bunk at the Jail. The court has
allowed Thomas to proceed with his claim that certain defendants violated his
rights under the Eighth Amendment by using force against him or failing to
intervene, among other things, after Thomas refused to accept an assignment to the
top bunk. Thomas's contention appears to be that he was justified in refusing to
accept the top bunk for medical reasons and that the defendants were wrong to use
force against him as a result. But Thomas may make this argument in the context of
his excessive−force claim without raising a separate claim for deliberate
indifference or negligence where his bunk assignment is concerned. Accordingly,
for the same reasons already stated in this case, Thomas does not allege facts
showing that he has a separate claim for deliberate indifference or negligence with
respect to his bunk assignment. Therefore, his motion to alter or amend (dkt. # 27 )
is DENIED. Signed by District Judge William M. Conley on 6/2/2014. (jef),(ps)
(Entered: 06/02/2014)

06/12/2014

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 6/12/2014 [:35]
(cak),(ps) (Entered: 06/12/2014)

06/16/2014

31 Pretrial Conference Order − Amended Complaint Naming Doe Defendants due
8/15/2014. Answer to Amended Complaint due 9/5/2014. Dispositive Motions for
Failure to Exhaust Administrative Remedies due 7/25/2014. Dispositive Motions
due 3/13/2015. Rule 26(a)(3) Disclosures and all motions in limine due 9/4/2015.
Objections due 9/18/2015. Final Pretrial Conference set for 9/28/2015 at 08:30
AM. Jury Selection and Trial set for 9/28/2015 at 09:00 AM. Signed by Magistrate
Judge Stephen L. Crocker on 6/13/2014. (jef),(ps) (Entered: 06/16/2014)

06/23/2014

32 Declaration of Darreyll T. Thomas in Support of Dane County Jail Administrator
Liability. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 06/23/2014)

07/24/2014

33 Notice of Appearance filed by Sheila M. Sullivan for Defendants John Does 1−5,
Robin Hampton, Christopher Larsh, Michael Reese, Rob Van Norman.
(Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 07/24/2014)

07/24/2014

34 MOTION TO DISMISS for Failure to Exhaust Pursuant to 42 U.S.C. by
Defendants C.C.I. Dept. / Health Serv. Unit, Dane County − Madison, WI, Dane
County Jail, Dane County Jail Administrator, Department of Corrections, John
Does 1−5, Robin Hampton, Christopher Larsh, Madison Police Department, Prison
Health Services Inc., Michael Reese, Rob Van Norman. (Sullivan, Sheila),(ps)
(Entered: 07/24/2014)

07/24/2014

35 Brief in Support of 34 Motion to Dismiss for Failure to Exhaust by Defendants
C.C.I. Dept. / Health Serv. Unit, Dane County − Madison, WI, Dane County Jail,
Dane County Jail Administrator, Department of Corrections, John Does 1−5, Robin
Hampton, Christopher Larsh, Madison Police Department, Prison Health Services
Inc., Michael Reese, Rob Van Norman. (Sullivan, Sheila),(ps) (Entered:
07/24/2014)

07/24/2014

36 Affidavit of Michael Statz filed by Defendants C.C.I. Dept. / Health Serv. Unit,
Dane County − Madison, WI, Dane County Jail, Dane County Jail Administrator,
Department of Corrections, John Does 1−5, Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Rob Van
Norman re: 34 Motion to Dismiss, (Attachments:
# 1 Exhibit A − Acknowledgement of Receipt − Handbook,
# 2 Exhibit B − Inmate Handbook,
# 3 Exhibit C − Notice of Disciplinary Hearing &Rights) (Sullivan, Sheila),(ps)
(Entered: 07/24/2014)

07/24/2014

37 Certificate of Service by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County
− Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman.
(Sullivan, Sheila),(ps) (Entered: 07/24/2014)

07/24/2014

Set Deadlines as to 34 MOTION TO DISMISS for Failure to Exhaust
Administrative Remedies. Plaintiff's Brief in Opposition due 8/15/2014.
Defendants' Brief in Reply due 8/22/2014. (elc),(ps) (Entered: 07/24/2014)

07/25/2014

38 Motion for Recruitment of Counsel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 07/25/2014)

07/25/2014

39 Declaration of Darreyll Thomas re: 38 Motion for Recruitment of Counsel.
(Attachments:
# 1 Attorney Rejection Letters) (elc),(ps) (Entered: 07/25/2014)

07/29/2014

40 Brief in Opposition by Plaintiff Darreyll T. Thomas re: 34 Motion to Dismiss, filed
by Dane County − Madison, WI, Rob Van Norman, Robin Hampton, C.C.I. Dept. /
Health Serv. Unit, Department of Corrections, Madison Police Department, Dane
County Jail, John Does 1−5, Dane County Jail Administrator, Prison Health
Services Inc., Christopher Larsh, Michael Reese (Attachments:
# 1 Exhibit 3 − Dane County Sheriff's Office Jail Log,
# 2 Exhibit 4 − June 23, 2014 Letter to Attorney Yanacheck,
# 3 Cover Letter and Envelope) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

41 Motion to Freeze, Seize and/or Lien Defendants' Assets by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

42 Motion to Compel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

43 Brief in Support of 42 Motion to Compel by Plaintiff Darreyll T. Thomas (elc),(ps)
(Entered: 07/29/2014)

07/29/2014

44 Declaration of Darreyll T. Thomas re: 42 Motion to Compel. (Attachments:
# 1 Exhibit 1 − Plaintiff's First Set of Interrogatories and Requests for Production,
# 2 Exhibit 2 − Letters from Plaintiff to Attorney Yanacheck) (elc),(ps) (Entered:
07/29/2014)

07/29/2014

45 Handwritten Declaration of Darreyll Thomas in support of 42 Motion to Compel.
(elc),(ps) (Entered: 07/29/2014)

07/29/2014

46 Declaration of Darreyll T. Thomas in Support of Dane County Jail Administrator
Liability and Request that the Court Reinstate the Dane County Jail Administrator
as a Defendant. (elc),(ps) (Entered: 07/29/2014)

08/06/2014

47 ORDER granting defendants' 34 Motion to Dismiss. The complaint is DISMISSED
without prejudice for plaintiff Darreyll T. Thomas's failure to exhaust available
administrative remedies as required by 42 U.S.C. § 1997e(a). The clerk's office is
directed to close this case and to terminate all pending motions. Plaintiff may move
to reopen this case within thirty days of the date of this order if he presents
evidence showing that he exhausted administrative remedies at the Dane County
Jail. If plaintiff fails to so move, the clerk's office is directed to enter judgment
dismissing this case. Signed by District Judge William M. Conley on 8/6/2014.
(jef),(ps) (Entered: 08/06/2014)

08/06/2014

Pursuant to the dkt. 47 order, this case is closed and all pending motions are
terminated. (jef),(ps) (Entered: 08/06/2014)

08/26/2014

48 Motion to Reopen Case and Motion for Reconsideration with Brief in Support by
Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 08/26/2014)

08/26/2014

49 Declaration in Support of 48 Motion to Reopen Case and Motion for
Reconsideration by Plaintiff Darreyll Thomas. (nln),(ps) (Entered: 08/26/2014)

08/27/2014

Set Briefing Deadlines as to 48 Motion to Reopen Case and Motion for
Reconsideration. Defendants' Brief in Opposition due 9/8/2014. (nln),(ps) (Entered:
08/27/2014)

09/08/2014

50 Brief in Opposition by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman re: 48
Motion to Reopen Case filed by Darreyll T. Thomas (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 09/08/2014)

10/02/2014

51 ORDER denying plaintiff Darreyl T. Thomas's 48 Motion to Reopen Case. The
clerk's office will enter judgment in favor of defendants and close this case. Signed
by District Judge William M. Conley on 10/2/2014. (jef),(ps) (Entered:
10/02/2014)

10/02/2014

52 JUDGMENT entered in favor of defendants dismissing this case. (PAO/jef).
(jef),(ps) (Entered: 10/02/2014)

10/07/2014

53 Affidavit of Darreyll Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/07/2014)

10/14/2014

54 Motion for Reconsideration by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/14/2014)

10/15/2014

55 ORDER denying plaintiff's 54 Motion for Reconsideration. Signed by District
Judge William M. Conley on 10/15/2014. (jef),(ps) (Entered: 10/15/2014)

10/17/2014

56 Motion for Recusal by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/17/2014)

10/28/2014

57 ** TEXT ONLY ORDER **
On August 6, 2014, the court granted defendants' motion to dismiss the prisoner
civil rights case filed by plaintiff Darreyll T. Thomas. Thereafter, the court denied
Thomas's motion to reopen and his motion for reconsideration. Citing the court's
adverse rulings, Thomas has now filed a motion asking the court to recuse itself
from this case. The motion must be denied for two reasons. First, adverse judicial
rulings are not evidence of bias or prejudice and do not require recusal. Liteky v.
United States, 510 U.S. 540, 555 (1994); Brokaw v. Mercer County, 235 F.3d
1000, 1025 (7th Cir. 2000). Plaintiff does not otherwise show that disqualification

is required pursuant to 28 U.S.C. §§ 144, 455. Second, this case is now closed,
meaning that there is nothing left to decide. As such, plaintiff's motion is moot.
Therefore, plaintiff's motion to recuse (dkt. # 56 ) is DENIED. Signed by District
Judge William M. Conley on 10/28/2014. (elc),(ps) (Entered: 10/28/2014)
10/29/2014

58 NOTICE OF APPEAL by Plaintiff Darreyll T. Thomas as to 52 Judgment, 51
Order on Motion to Reopen Case. In forma pauperis requested. Docketing
Statement filed. (Attachments:
# 1 Docketing Statement,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 10/30/2014)

10/29/2014

59 Motion for Use of Release Account Funds by Plaintiff Darreyll T. Thomas.
(jef),(ps) (Entered: 10/30/2014)

10/29/2014

60 Affidavit of Darreyll Thomas re 58 Notice of Appeal. (jef),(ps) (Entered:
10/30/2014)

10/29/2014

61 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas. (jef),(ps)
(Entered: 10/30/2014)

10/30/2014

62 Appeal Information Packet. (jef),(ps) (Entered: 10/30/2014)