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: federalorderscl@doj.state.wi.us
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: paulsonra@doj.state.wi.us
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)
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