Alexander, Ricky v. Dodge Correctional Institution

Filing 74

Transmission of Notice of Appeal, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 72 Notice of Appeal. (Attachments: # 1 Order, dkt. 63 , # 2 Judgment, # 3 Order, dkt. 71 , # 4 Docket Sheet) (nln),(ps)

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 1 of 6

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14−cv−00849−jdp
Alexander, Ricky v. Rasmussen, R., et al.
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 12/09/2014
Date Terminated: 03/13/2017
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Ricky N. Alexander

represented by Ricky N. Alexander
#570855
Wisconsin Secure Program Facility
1101 Morrison Dr.
P.O. Box 9900
Boscobel, WI 53805
PRO SE

V.
Defendant
Dodge Correctional Institution
TERMINATED: 06/27/2016

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: 07/05/2016
LEAD ATTORNEY

Defendant
Lieutenant R. Rasmussen

represented by Katherine D. Spitz
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707−7857
608−266−1001
Fax: 608−267−8906
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Lieutenant D. Strelow

represented by Katherine D. Spitz
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
DCI Complaint Examiner
TERMINATED: 06/27/2016
Defendant
Warden James R. Schwochert

represented by Katherine D. Spitz
(See above for address)
ATTORNEY TO BE NOTICED

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 2 of 6
Date Filed

#

Docket Text

12/09/2014

1 COMPLAINT against Dodge Correctional Institution, filed by Ricky N. Alexander.
(Case randomly assigned to District Judge James D. Peterson.) (Attachments:
# 1 Envelope) (jef) (Entered: 12/09/2014)

12/09/2014

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Ricky N. Alexander.
(jef),(ps) (Entered: 12/09/2014)

12/15/2014

3 ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund
Account Statement due 1/5/2015. Signed by Magistrate Judge Peter A. Oppeneer on
12/15/2014. (jef),(ps) (Entered: 12/15/2014)

12/22/2014

4 Prisoner Trust Fund Account Statement by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Additional attachment(s) added on 12/22/2014:
# 3 IPP Calculation) (jef). (Entered: 12/22/2014)

12/23/2014

5 ORDER Assessing Initial partial filing fee of $ 52.69. Initial partial filing fee due
1/12/2015. Signed by Magistrate Judge Peter A. Oppeneer on 12/23/2014. (elc),(ps)
(Entered: 12/23/2014)

01/12/2015

6 Letter from plaintiff regarding filing fee. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/12/2015)

01/14/2015

Initial Partial Filing fee received : $ 250.00, receipt number 34690022052. (jef),(ps)
(Entered: 01/14/2015)

03/09/2015

7 Letter Requesting Status Update by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 03/09/2015)

03/12/2015

8 Letter from Clerk's Office in response 7 to letter requesting status update by plaintiff
Ricky N. Alexander. (nln),(ps) (Entered: 03/12/2015)

05/08/2015

9 Letter Supplement to 1 Complaint filed by Ricky N. Alexander. (Attachments:
# 1 Exhibits 1−8,
# 2 Envelope) (nln),(ps) Note, there was no pg. 2 of Exhibit 2 Confidential Informant
Statement submitted, even though the document says, ""Over", 12/22/2015 (jef).
(Entered: 05/08/2015)

06/02/2015

10 ORDER on Leave to Proceed: Leave to proceed denied and case closed. A strike will
be recorded against plaintiff, pursuant to 28 U.S.C. § 1915(g). Signed by District
Judge James D. Peterson on 6/2/2015. (jef),(ps) (Entered: 06/02/2015)

06/02/2015

11 JUDGMENT entered denying plaintiff leave to proceed and dismissing this case for
failure to state a claim upon which relief can be granted. (PAO/jef). (jef),(ps)
Judgment is VACATED per dkt. 30 order, 4/28/2016 (jef). (Entered: 06/02/2015)

07/01/2015

12 Intent or Request to Amend 1 Complaint by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 07/01/2015)

07/01/2015

13 Disregard, wrong case. (jef). (Entered: 07/01/2015)

08/03/2015

14 Letter Requesting to Amend 1 Complaint by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 08/03/2015)

08/17/2015

15 Letter from Ricky N. Alexander requesting leave to file an amended complaint.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/17/2015)

08/17/2015

16 Letter from clerk's office in response to 15 Letter from Ricky N. Alexander requesting
leave to file an amended complaint. (elc),(ps) (Entered: 08/17/2015)

08/18/2015

17 ORDER denying plaintiff's 12 intent or request to amend complaint; denying 14
request to amend complaint. Signed by District Judge James D. Peterson on 8/18/2015.
(jef),(ps) (Entered: 08/18/2015)

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 3 of 6
09/15/2015

18 Motion for Reconsideration re 17 Order on Motion to Amend Complaint, by Plaintiff
Ricky N. Alexander. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 09/15/2015)

09/24/2015

19 Letter re: Motion for Reconsideration by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Copy of Motion for Reconsideration (dkt. 18 ),
# 2 Envelope) (elc),(ps) (Entered: 09/24/2015)

09/24/2015

20 Letter from the clerk's office in resposne to 19 Letter re: Motion for Reconsideration
by Plaintiff Ricky Alexander. (elc),(ps) (Entered: 09/24/2015)

12/22/2015

21 ORDER denying plaintiff's 18 Motion for Reconsideration. Signed by District Judge
James D. Peterson on 12/22/2015. (jef),(ps) (Entered: 12/22/2015)

01/14/2016

22 Motion for Assistance in Recruiting Counsel by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Envelope) (jef). (Entered: 01/14/2016)

01/14/2016

23 Submission re 22 Motion for Assistance in Recruiting Counsel by Plaintiff Ricky N.
Alexander. (Attachments:
# 1 Letters from attorneys and State Senator Lena Taylor) (jef),(ps) (Entered:
01/14/2016)

01/19/2016

24 ORDER denying plaintiff's 22 , 23 Motion for Assistance in Recruiting Counsel.
Signed by District Judge James D. Peterson on 1/19/2016. (jef),(ps) (Entered:
01/19/2016)

02/29/2016

25 Motion of objection to deem the district court decision as "void" and request for
recusal of Judge Peterson by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 02/29/2016)

03/04/2016

26 ORDER denying 25 motion to deem the district court decision as void and request for
recusal. Signed by District Judge James D. Peterson on 3/3/2016. (jef),(ps) (Entered:
03/04/2016)

04/22/2016

27 Motion (see dkt. 29 for signature) for recusal of Judge James D. Peterson, his partial
decision deemed as void, permission to proceed with civil complaint under sec. 1983
and legal representation by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/22/2016)

04/22/2016

28 Letter from Clerk's Office returning 27 motion to plaintiff for signature. (jef),(ps)
(Entered: 04/22/2016)

04/28/2016

29 Signed copy of 27 Motion for Miscellaneous Relief, filed by Ricky N. Alexander.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/28/2016)

04/28/2016

30 ORDER granting in part 27 motion for reconsideration. The judgment entered in this
case, Dkt. 11 , is VACATED, and the strike recorded against plaintiff pursuant to 28
U.S.C. § 1915(g) is RESCINDED. Plaintiff may have until May 19, 2016, to file an
amended complaint against the defendants who discriminated against him. Signed by
District Judge James D. Peterson on 4/28/2016. (jef),(ps) (Entered: 04/28/2016)

05/19/2016

31 Letter to Judge Conley to requesting to reassign case by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/19/2016)

05/25/2016

32 ORDER denying 31 Motion to Reassign Case. Plaintiff may have until June 15, 2016,
to file an amended complaint. Signed by District Judge James D. Peterson on
5/25/2016. (jef),(ps) (Entered: 05/25/2016)

05/25/2016

Set Deadlines: Amended complaint due 6/15/2016. (jef),(ps) (Entered: 05/25/2016)

06/10/2016

33 Motion for Extension of Time to file amended complaint by Plaintiff Ricky N.
Alexander. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/10/2016)

06/13/2016

34 ORDER granting 33 Motion for Extension of Time. Plaintiff may have until July 5,
2016 to file his amended complaint. Signed by Magistrate Judge Stephen L. Crocker
on 6/13/2016. (jef),(ps) (Entered: 06/13/2016)

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 4 of 6
06/20/2016

35 Amended Complaint by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/20/2016)

06/27/2016

36 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants R.
Rasmussen, D. Strelow, James R. Schwochert. Leave to proceed denied and case
dismissed against Dodge Correctional Institution. Materials delivered to DOJ for
acceptance of service. Signed by District Judge James D. Peterson on 6/27/2016.
(jef),(ps) (Entered: 06/27/2016)

07/05/2016

37 Notice of Appearance filed by Katherine D. Spitz for Defendants R. Rasmussen, James
R. Schwochert, D. Strelow, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 07/05/2016)

07/05/2016

38 Acceptance of Service by DOJ on behalf of Defendants R. Rasmussen, James R.
Schwochert, D. Strelow. (Spitz, Katherine),(ps) (Entered: 07/05/2016)

07/05/2016

39 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: 07/05/2016)

07/15/2016

40 Motion for Assistance in Recruiting Counsel by Plaintiff Ricky N. Alexander.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/15/2016)

07/20/2016

41 ORDER denying 40 Motion for Assistance in Recruiting Counsel. Signed by District
Judge James D. Peterson on 7/20/2016. (jef),(ps) (Entered: 07/20/2016)

08/03/2016

42 ANSWER by Defendants R. Rasmussen, James R. Schwochert, D. Strelow,
(Attachments:
# 1 Exhibit − Renumbered Complaint,
# 2 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 08/03/2016)

08/03/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 8/31/2016 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] (nln),(ps) (Entered:
08/03/2016)

08/31/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 8/31/2016 [:35] (skv),(ps)
(Entered: 08/31/2016)

09/06/2016

43 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative
Remedies due 10/14/2016. Dispositive Motions due 4/28/2017. Rule 26(a)(3)
Disclosures and all motions in limine due 10/20/2017. Objections due 11/3/2017. Final
Pretrial Conference set for 11/13/2017 at 08:30 AM. Jury Selection and Trial set for
11/13/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 9/6/2016.
(jef),(ps) (Entered: 09/06/2016)

10/13/2016

44 MOTION FOR SUMMARY JUDGMENT for Failure to Exhaust Administrative
Remedies by Defendants R. Rasmussen, James R. Schwochert, D. Strelow.
(Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) Modified docket text on 10/13/2016
(nln). (Entered: 10/13/2016)

10/13/2016

45 Brief in Support of 44 Motion for Summary Judgment by Defendants R. Rasmussen,
James R. Schwochert, D. Strelow. (Spitz, Katherine),(ps) (Entered: 10/13/2016)

10/13/2016

46 Proposed Findings of Fact filed by Defendants R. Rasmussen, James R. Schwochert,
D. Strelow re: 44 Motion for Summary Judgment. (Spitz, Katherine),(ps) (Entered:
10/13/2016)

10/13/2016

47 Declaration of Cindy O'Donnell filed by Defendants R. Rasmussen, James R.
Schwochert, D. Strelow re: 44 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1000 − ICRS History Report,
# 2 Exhibit 1001 − WSPF−2013−9278,
# 3 Exhibit 1002 − DCI−2013−10292,
# 4 Exhibit 1003 − WSPF−2013−18986,
# 5 Exhibit 1004 − DCI−2014−16939,

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 5 of 6
# 6 Exhibit 1005 − DCI−2014−20316,
# 7 Exhibit 1006 − Return Letter #186949 (1776087),
# 8 Exhibit 1007 − Return Letter #200205 (2013−9278),
# 9 Exhibit 1008 − Return Letter #201877 (2014−16939),
# 10 Exhibit 1009 − Return Letter #204147 (2014−20316)) (Spitz, Katherine),(ps)
(Entered: 10/13/2016)
10/13/2016

Set Briefing Deadlines as to 44 MOTION FOR SUMMARY JUDGMENT for Failure
to Exhaust Administrative Remedies. Plaintiff's Brief in Opposition due 11/3/2016.
Defendants' Brief in Reply due 11/10/2016. (nln),(ps) (Entered: 10/13/2016)

11/07/2016

48 Brief in Opposition by Plaintiff Ricky N. Alexander re: 44 Motion for Summary
Judgment, filed by D. Strelow, R. Rasmussen, James R. Schwochert. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/07/2016)

11/07/2016

49 Response to Proposed Findings of Fact filed by Plaintiff Ricky N. Alexander re: 44
Motion for Summary Judgment. (elc),(ps) (Entered: 11/07/2016)

11/07/2016

Set/Reset Deadlines as to 44 MOTION FOR SUMMARY JUDGMENT for Failure to
Exhaust Administrative Remedies. Defendants' Brief in Reply due 11/14/2016.
(elc),(ps) (Entered: 11/07/2016)

11/11/2016

50 Brief in Reply by Defendants R. Rasmussen, James R. Schwochert, D. Strelow in
Support of 44 Motion for Summary Judgment, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 11/11/2016)

11/11/2016

51 Reply in Support of Proposed Findings of Fact filed by Defendants R. Rasmussen,
James R. Schwochert, D. Strelow re: 44 Motion for Summary Judgment. (Spitz,
Katherine),(ps) (Entered: 11/11/2016)

11/28/2016

52 Motion to Request Discovery by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Record Request Response dated 10/24/16,
# 2 Record Request Response dated 11/8/16,
# 3 Letter from Ricky Alexander to Karen Parenteau, Records Office dated 10/27/16,
# 4 Envelope) (nln),(ps) (Entered: 11/28/2016)

11/29/2016

Set Briefing Deadlines as to 52 Motion to Request Discovery. Defendants' Brief in
Opposition due 12/6/2016. Plaintiff's Brief in Reply due 12/16/2016. (nln),(ps)
(Entered: 11/29/2016)

12/01/2016

53 Brief in Opposition by Defendants R. Rasmussen, James R. Schwochert, D. Strelow
re: 52 Motion for Discovery, filed by Ricky N. Alexander, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 12/01/2016)

12/01/2016

54 Declaration of Katherine D. Spitz filed by Defendants R. Rasmussen, James R.
Schwochert, D. Strelow re: 52 Motion for Discovery. (Spitz, Katherine),(ps) (Entered:
12/01/2016)

12/15/2016

55 Brief in Reply by Plaintiff Ricky N. Alexander in Support of 52 Motion for Discovery.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 12/15/2016)

12/15/2016

56 Declaration of Ricky Alexander filed by Plaintiff Ricky N. Alexander re: 52 Motion
for Discovery. (elc),(ps) (Entered: 12/15/2016)

12/15/2016

57 Letter from Plaintiff to AAG Spitz dated 12/9/2016. (elc),(ps) (Entered: 12/15/2016)

02/02/2017

58 Supplement/Letter to Judge Peterson re: 52 Motion for Discovery, filed by Ricky N.
Alexander. (Attachments:
# 1 1/30/2017 Letter to AAG Spitz,
# 2 Envelope) (elc),(ps) (Entered: 02/02/2017)

02/02/2017

59 Declaration of Ricky N. Alexander re 58 Supplement. (elc),(ps) (Entered: 02/02/2017)

02/16/2017

60 Motion for Expungement by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/16/2017)

03/03/2017

61 Declaration of Ricky N. Alexander re: 60 Motion for Expungement. (Attachments:
# 1 Letter from AAG Spitz,

Case: 3:14-cv-00849-jdp As of: 09/13/2017 11:55 AM CDT 6 of 6
# 2 Envelope) (jef),(ps) (Entered: 03/03/2017)
03/06/2017

62 Motion to Take Deposition from Ricky N. Alexander by Defendants R. Rasmussen,
James R. Schwochert, D. Strelow. Motions referred to Magistrate Judge Stephen L.
Crocker. (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 03/06/2017)

03/13/2017

63 ORDER granting defendants' 44 Motion for Summary Judgment; denying as moot 52 ,
60 , 62 all other pending motions. The clerk of court is directed to enter judgment in
favor of defendants and close the case. Signed by District Judge James D. Peterson on
3/13/2017. (jef),(ps) (Entered: 03/13/2017)

03/13/2017

64 JUDGMENT entered in favor of defendants dismissing this case. Signed by Peter A.
Oppeneer, Clerk of Court on 3/13/2017. (jef),(ps) (Entered: 03/13/2017)

03/15/2017

65 Motion to Deny Counsel's Request, by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 03/15/2017)

03/23/2017

66 Motion for Reconsideration by Plaintiff Ricky N. Alexander. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/23/2017)

03/23/2017

67 Declaration of Ricky N. Alexander re: 66 Motion for Reconsideration. (elc),(ps)
(Entered: 03/23/2017)

03/28/2017

68 Brief in Opposition by Defendants R. Rasmussen, James R. Schwochert, D. Strelow
re: 66 Motion for Reconsideration filed by Ricky N. Alexander, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 03/28/2017)

04/14/2017

69 Brief in Reply by Plaintiff Ricky N. Alexander in Support of 66 Motion for
Reconsideration/Objection to Defendant's Opposition. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/14/2017)

07/28/2017

70 Supplement to 69 Brief in Reply/Request to Grant Motion for Reconsideration filed by
Ricky N. Alexander. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/28/2017)

08/24/2017

71 ORDER denying plaintiff's 66 Motion for Reconsideration and denying plaintiff's 65
Motion to deny counsel's request to depose plaintiff. Signed by District Judge James
D. Peterson on 8/24/2017. (elc),(ps) (Entered: 08/24/2017)

09/13/2017

72 NOTICE OF APPEAL by Plaintiff Ricky N. Alexander as to 63 Order, 64 Judgment,
71 Order. In forma pauperis pending. No Docketing Statement filed. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 09/13/2017)

09/13/2017

73 Appeal Information Packet. (nln),(ps) (Entered: 09/13/2017)