Tonn, Dennis v. Dittmann, Michael et al

Filing 61

Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 58 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14−cv−00481−jdp

Tonn, Dennis v. Dittmann, Michael et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: Seventh Circuit Court of Appeals,
14−03780
Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Dennis Tonn

Date Filed: 07/02/2014
Date Terminated: 12/07/2015
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

represented by Dennis Tonn
175958
Stanley Correctional Institution
100 Corrections Dr.
Stanley, WI 54768−6500
PRO SE

V.
Defendant
Michael A. Dittmann
TERMINATED: 07/28/2015

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: 08/10/2015
LEAD ATTORNEY

Defendant
Michael Meisner

represented by Rebecca Ann Paulson
Department of Justice
17 West Main Street
Madison, WI 53702
608−266−0278
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Edward F. Wall
TERMINATED: 07/28/2015
Defendant
Sandy Hautamaki
TERMINATED: 07/28/2015
Defendant
David Melby

represented by Rebecca Ann Paulson
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Morgan

represented by Rebecca Ann Paulson
(See above for address)

ATTORNEY TO BE NOTICED
Defendant
Mary Leiser

represented by Rebecca Ann Paulson
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Janel Nickel
TERMINATED: 07/28/2015
Defendant
Wis. Dept. of Corrections
TERMINATED: 07/28/2015
Date Filed

#

Docket Text

07/02/2014

1 COMPLAINT against All Defendants, filed by Dennis Tonn. (Case randomly assigned
to District Judge James D. Peterson.) (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef) (Entered: 07/02/2014)

07/02/2014

2 Motion to stay or hold in abeyance restitution, by Plaintiff Dennis Tonn. (jef),(ps)
(Entered: 07/02/2014)

07/02/2014

3 Motion for Assistance in Recruiting Counsel by Plaintiff Dennis Tonn. (jef),(ps)
(Entered: 07/02/2014)

07/02/2014

4 Motion for Use of Release Account Funds by Plaintiff Dennis Tonn. (jef),(ps)
(Entered: 07/02/2014)

07/02/2014

5 Motion for Leave to Proceed in forma pauperis by Plaintiff Dennis Tonn. (jef),(ps)
(Entered: 07/02/2014)

07/02/2014

6 Prisoner Trust Fund Account Statement by Plaintiff Dennis Tonn. (jef),(ps)
(Additional attachment(s) added on 7/3/2014:
# 1 IPP Calculation) (jef). (Entered: 07/02/2014)

07/03/2014

7 ORDER on ifp request: Initial partial filing fee of $ 242.13 assessed. (Initial partial
filing fee due 7/24/2014.) Plaintiff's 4 motion for use of release account funds to pay
the filing fee is denied. Signed by Magistrate Judge Peter A. Oppeneer on 7/3/2014.
(jef),(ps) (Entered: 07/03/2014)

07/14/2014

Full Filing fee received: $ 350.00, receipt number 34690020658. (jef),(ps) (Entered:
07/14/2014)

10/22/2014

8 Letter Requesting Status Update by Plaintiff Dennis Tonn. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 10/22/2014)

10/24/2014

9 Letter from Clerk's Office in response to 8 letter requesting status update by Plaintiff
Dennis Tonn. (nln),(ps) (Entered: 10/24/2014)

12/12/2014

10 ORDER that this case is DISMISSED, with prejudice, for failure to state a claim upon
which relief can be granted. Plaintiff's 2 "motion to stay or hold in abeyance
restitution" is DENIED as moot. Plaintiff's 3 "motion for appointment of counsel" is
DENIED as moot. A strike will be recorded against plaintiff, pursuant to 28 U.S.C. §
1915(g). The clerk of court is directed to close this case. Signed by District Judge
James D. Peterson on 12/12/2014. (nln),(ps) (Entered: 12/12/2014)

12/12/2014

11 JUDGMENT entered in favor of defendants dismissing this case with prejudice for
failure to state a claim upon which relief can be granted. (PAO/nln). (nln),(ps)
(Entered: 12/12/2014)

12/24/2014

12 NOTICE OF APPEAL by Plaintiff Dennis Tonn as to 10 Order, 11 Judgment. In
forma pauperis pending. No Docketing Statement filed. (Attachments:

# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 12/24/2014)
12/24/2014

13 Motion for Certificate of Appealability by Plaintiff Dennis Tonn. (jef),(ps) (Entered:
12/24/2014)

12/24/2014

14 Appeal Information Packet. (jef),(ps) (Entered: 12/24/2014)

12/24/2014

15 Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit
Court of Appeals re 12 Notice of Appeal. (Attachments:
# 1 Order,
# 2 Judgment,
# 3 Docket sheet) (jef),(ps) (Entered: 12/24/2014)

12/29/2014

USCA Case Number 14−3780 for 12 Notice of Appeal filed by Dennis Tonn.
(nln),(ps) (Entered: 12/29/2014)

12/30/2014

16 Transcript Request Form by Plaintiff Dennis Tonn re 12 Notice of Appeal.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 12/30/2014)

12/30/2014

17 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 12
Notice of Appeal. (jef),(ps) (Entered: 12/30/2014)

01/06/2015

18 ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp
denied. Signed by District Judge James D. Peterson on 1/6/2015. (jef),(ps) (Entered:
01/06/2015)

01/06/2015

19 Appeal Warden PLRA Letter. (jef),(ps) (Entered: 01/06/2015)

01/16/2015

20 Certified and Transmitted Record on Appeal to US Court of Appeals re 12 Notice of
Appeal. (Attachments:
# 1 Certification) (nln),(ps) (Entered: 01/16/2015)

02/23/2015

21 Letter regarding appeal fee from Dennis Tonn. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/24/2015)

02/24/2015

USCA Appeal Fees received: Total amount received $ 504.28; receipt numbers
34690022210 ($40.80) and 34690022353 ($463.48) re 12 Notice of Appeal filed by
Dennis Tonn. Remainder of $0.72 of the $505 debt is still owed. (jef/cc: Seventh
Circuit via nef),(ps) (Entered: 02/24/2015)

03/02/2015

USCA Appeal Fees received $ 0.72 receipt number 34690022403 re 12 Notice of
Appeal filed by Dennis Tonn. Dennis Tonn's appellate fee of $505 is now paid in full.
(jef/cc: Seventh Circuit via nef),(ps) (Entered: 03/02/2015)

03/09/2015

22 Notice of Change of Address by Plaintiff Dennis Tonn. (Attachments:
# 1 Address information,
# 2 Envelope) (jef),(ps) (Entered: 03/09/2015)

07/20/2015

23 JUDGMENT from USCA vacating and remanding the dismissal of
plaintiff/Appellant's due process claim to District Court as to 12 Notice of Appeal filed
by Dennis Tonn. No record to be returned. (Attachments:
# 1 Appellate Opinion,
# 2 Mandate) (elc),(ps) (Entered: 07/20/2015)

07/20/2015

Motion for In Forma Pauperis Screening (due process restitution claims per remand).
(elc),(ps) (Entered: 07/20/2015)

07/28/2015

24 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
David Melby, Mary Leiser, Donald Morgan, Michael Meisner. Leave to proceed
denied and case dismissed against Janel Nickel, Edward F. Wall, Wis. Dept. of
Corrections, Michael A. Dittmann and Sandy Hautamaki. Materials delivered to DOJ
for acceptance of service. The "strike" under 28 U.S.C. § 1915(g) that the court
recorded against plaintiff in its order dated December 12, 2014, is rescinded. Signed
by District Judge James D. Peterson on 7/28/2015. (jef),(ps) (Entered: 07/28/2015)

08/07/2015

25 Notice of Appearance filed by Rebecca Ann Paulson for Defendants Mary Leiser,
Michael Meisner, David Melby, Donald Morgan. (Attachments:

# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 08/07/2015)
08/07/2015

26 Acceptance of Service by DOJ on behalf of Defendants Mary Leiser, Michael
Meisner, David Melby, Donald Morgan. (Paulson, Rebecca),(ps) (Entered:
08/07/2015)

08/10/2015

27 Notice 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. (elc),(ps) (Entered: 08/10/2015)

08/24/2015

28 Motion for Reconsideration re 24 Order on Leave to Proceed − dismissing four
defendants by Plaintiff Dennis Tonn. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 08/24/2015)

08/24/2015

29 Motion for Assistance in Recruiting Counsel by Plaintiff Dennis Tonn. (elc),(ps)
(Entered: 08/24/2015)

08/26/2015

30 ORDER denying 28 Motion for Reconsideration; denying without prejudice 29
Motion for Assistance in Recruiting Counsel. Signed by District Judge James D.
Peterson on 8/26/2015. (jef),(ps) (Entered: 08/26/2015)

08/31/2015

31 Discovery Request/Request for Production of Documents by Plaintiff Dennis Tonn.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/31/2015)

08/31/2015

32 Letter from clerk's office in response to 31 Discovery Request/Request for Production
of Documents. (elc),(ps) (Entered: 08/31/2015)

09/01/2015

33 ANSWER by Defendants Mary Leiser, Michael Meisner, David Melby, Donald
Morgan. (Attachments:
# 1 Certificate of Service,
# 2 renumbered complaint) (Paulson, Rebecca),(ps) (Entered: 09/01/2015)

09/01/2015

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
9/22/2015 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendant responsible for setting up the call to chambers at (608) 264−5153. [Notice
Regarding the Telephone Preliminary Pretrial Conference attached] (jef),(ps) (Entered:
09/01/2015)

09/02/2015

34 MOTION FOR SUMMARY JUDGMENT For Failure to Exhaust Administrative
Remedies by Defendants Mary Leiser, Michael Meisner, David Melby, Donald
Morgan. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 09/02/2015)

09/02/2015

35 Brief in Support of 34 Motion for Summary Judgment Brief in Support of Defendant's
Motion for Summary Judgment For Failure to Exhaust Administrative Remedies by
Defendants Mary Leiser, Michael Meisner, David Melby, Donald Morgan (Paulson,
Rebecca),(ps) (Entered: 09/02/2015)

09/02/2015

36 Proposed Findings of Fact filed by Defendants Mary Leiser, Michael Meisner, David
Melby, Donald Morgan re: 34 Motion for Summary Judgment (Paulson, Rebecca),(ps)
(Entered: 09/02/2015)

09/02/2015

37 Declaration of Welcome Rose filed by Defendants Mary Leiser, Michael Meisner,
David Melby, Donald Morgan re: 34 Motion for Summary Judgment (Attachments:
# 1 Exhibit 100 − inmate complaint history report,
# 2 Exhibit 101 − CCI−2014−7263,
# 3 Exhibit 102 − CCI−2014−7266,
# 4 Exhibit 103 − August 2013 return letter,
# 5 Exhibit 104 − April 2014 return letter) (Paulson, Rebecca),(ps) (Entered:
09/02/2015)

09/02/2015

38 Declaration of Lynn Washetas filed by Defendants Mary Leiser, Michael Meisner,
David Melby, Donald Morgan re: 34 Motion for Summary Judgment (Attachments:
# 1 Exhibit 105 − CR 2211298) (Paulson, Rebecca),(ps) (Entered: 09/02/2015)

09/02/2015

39 Motion to Stay Discovery on the Merits Pending Resolution of Defendants' Motion for
Summary Judgment for Failure to Exhaust Administrative Remedies by Defendants
Mary Leiser, Michael Meisner, David Melby, Donald Morgan. (Paulson, Rebecca),(ps)

(Entered: 09/02/2015)
09/04/2015

Set Briefing Deadlines as to Defendants' 34 MOTION FOR SUMMARY
JUDGMENT For Failure to Exhaust Administrative Remedies. Plaintiff's Brief in
Opposition due 9/25/2015. Defendants' Brief in Reply due 10/2/2015. (jef),(ps)
(Entered: 09/04/2015)

09/04/2015

40 ** TEXT ONLY ORDER **
Pursuant to Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008), as amended on denial
of reh'g and reh'g en banc, (Sept. 12, 2008), defendants' motion to stay discovery until
I resolve the issue of whether plaintiff exhausted his administrative remedies, Dkt. 39 ,
is GRANTED. Discovery on the merits will not begin until after I rule on defendants'
motion for summary judgment. Signed by District Judge James D. Peterson on
9/4/2015. (jef),(ps) (Entered: 09/04/2015)

09/08/2015

41 Notice of United States Constitutional Alert by Plaintiff Dennis Tonn. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 09/08/2015)

09/14/2015

42 Motion to Amend Request for Relief re: 1 Complaint by Plaintiff Dennis Tonn.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) Modified docket text on 9/15/2015 (elc). (Entered:
09/14/2015)

09/17/2015

43 Brief in Opposition / reply brief filed by Plaintiff Dennis Tonn re: 34 Motion for
Summary Judgment for Failure to Exhaust filed by Mary Leiser, David Melby,
Morgan, Michael Meisner. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 09/17/2015)

09/17/2015

44 Brief in Opposition by Plaintiff Dennis Tonn re: 34 Motion for Summary Judgment for
Failure to Exhaust filed by Mary Leiser, David Melby, Morgan, Michael Meisner.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 09/17/2015)

09/18/2015

45 Letter from clerk's office in response to cover letter filed with 44 Brief in Opposition.
(elc),(ps) (Entered: 09/18/2015)

09/22/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 9/22/2015 [:30] (skv),(ps)
(Entered: 09/22/2015)

09/25/2015

46 Brief in Reply by Defendants Mary Leiser, Michael Meisner, David Melby, Morgan in
Support of 34 Motion for Summary Judgment for Failure to Exhaust, (Attachments:
# 1 Wis. Admin. Code sec. DOC 303.57(3) − December 2006 version,
# 2 Certificate of Service) (Paulson, Rebecca),(ps) Modified on 9/25/2015. (lak)
(Entered: 09/25/2015)

09/29/2015

47 Pretrial Conference Order − Dispositive Motions due 4/29/2016. Rule 26(a)(3)
Disclosures and all motions in limine due 10/14/2016. Objections due 10/28/2016.
Final Pretrial Conference set for 11/14/2016 at 08:30 AM. Jury Selection and Trial set
for 11/14/2016 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
9/23/2015. (jef),(ps) (Entered: 09/29/2015)

09/30/2015

48 ORDER that plaintiff Dennis Tonn may have until October 23, 2015, to file a
supplemental brief in opposition to defendants' motion for summary
judgment.Defendants' reply, if any, will be due by October 30, 2015. Signed by
Magistrate Judge Stephen L. Crocker on 9/30/2015. (jef),(ps) (Entered: 09/30/2015)

10/07/2015

49 Brief in Opposition by Plaintiff Dennis Tonn re: 34 Motion for Summary Judgment for
Failure to Exhaust filed by Mary Leiser, David Melby, Morgan, Michael Meisner.
(Attachments:
# 1 Exhibit A − Defendants' Certificate of Service (dkt. # 34 −1,
# 2 Envelope) (nln),(ps) (Entered: 10/07/2015)

10/26/2015

50 Second Brief in Reply by Defendants Mary Leiser, Michael Meisner, David Melby,
Morgan in Support of 34 Motion for Summary Judgment for Failure to Exhaust,
(Attachments:

# 1 Certificate of Service) (Paulson, Rebecca),(ps) Modified on 10/27/2015. (lak)
(Entered: 10/26/2015)
11/23/2015

51 Notice of Change of Address and Request for Status Update by Plaintiff Dennis Tonn.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (nln),(ps) (Entered: 11/23/2015)

11/25/2015

52 Letter from Clerk's Office in response to plaintiff's 51 request for status update.
(nln),(ps) (Entered: 11/25/2015)

12/07/2015

53 ORDER granting 34 Motion for Summary Judgment for Failure to Exhaust, dismissing
this case without prejudice; and denying as moot 42 Motion to Amend Complaint. The
clerk of court is directed to enter judgment in favor of defendants and close this case.
Signed by District Judge James D. Peterson on 12/7/2015. (jef),(ps) (Entered:
12/07/2015)

12/07/2015

54 JUDGMENT entered in favor of Defendants dismissing this case without prejuduce.
(PAO/jef). (jef),(ps) (Entered: 12/07/2015)

12/14/2015

55 Submission by Dennis Tonn (Motion for counsel). (Attachments:
# 1 Jury demand,
# 2 Certificate of Service,
# 3 Envelope) (jef),(ps) (Entered: 12/14/2015)

12/14/2015

56 Letter from Clerk's Office regarding plaintiff's 55 submission. (jef),(ps) (Entered:
12/14/2015)

12/28/2015

57 Motion for Reconsideration re 53 Order by Plaintiff Dennis Tonn. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 12/28/2015)

12/28/2015

Set Deadlines as to 57 Motion for Reconsideration re 53 Order. Defendants' Brief in
Opposition due 1/19/2016. Plaintiff's Brief in Reply due 1/29/2016. (elc),(ps) (Entered:
12/28/2015)

12/30/2015

58 NOTICE OF APPEAL by Plaintiff Dennis Tonn as to 54 Judgment, 53 Order. In
forma pauperis pending. Docketing Statement filed. (Attachments:
# 1 Docketing Statement,
# 2 Docket sheet,
# 3 Cover Letter,
# 4 Envelope) (jef),(ps) (Entered: 12/30/2015)

12/30/2015

59 Motion for Certificate of Appealability by Plaintiff Dennis Tonn. (jef),(ps) (Entered:
12/30/2015)

12/30/2015

60 Appeal Information Packet. (jef),(ps) (Entered: 12/30/2015)