Glover v. Schraufragel

Filing 45

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 43 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket sheet) (jef),(ps)

Case: 3:14-cv-00864-jdp As of: 09/11/2017 02:06 PM CDT 1 of 4
,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14−cv−00864−jdp

Glover, Calvin v. Schraufragel
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: Wisconsin Eastern, 2:14−cv−01352
Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Calvin Glover

Date Filed: 12/12/2014
Date Terminated: 08/31/2017
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

represented by Calvin Glover
355699
Columbia Correctional Institution
2925 Columbia Dr
PO Box 900
Portage, WI 53901−0900
PRO SE

V.
Defendant
CO Schraufnagel

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: 05/12/2016
LEAD ATTORNEY
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

E−filing Institution
CCI Prison Facility
Columbia Correctional Institution
2925 Columbia Drive
P.O. Box 950
Portage, WI 53901−0950
Date Filed

#

Docket Text

10/27/2014

1 PRISONER COMPLAINT against CO Schraufragel by Calvin Glover. (Attachments:
# 1 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 12/12/2014.] (Entered:
10/28/2014)

10/27/2014

2 MOTION for Leave to Proceed in forma pauperis by Calvin Glover. (asc) [Transferred
from Wisconsin Eastern on 12/12/2014.] (Entered: 10/28/2014)

Case: 3:14-cv-00864-jdp As of: 09/11/2017 02:06 PM CDT 2 of 4
10/27/2014

3 Prisoner Trust Fund Account Statement by Calvin Glover. (asc) [Transferred from
Wisconsin Eastern on 12/12/2014.] (Entered: 10/28/2014)

10/28/2014

4 LETTER from the clerk to plaintiff re Consent/Refusal to Magistrate Judge William E.
Callahan and requesting that the consent/refusal form be filed within 21 days (asc)
[Transferred from Wisconsin Eastern on 12/12/2014.] (Entered: 10/28/2014)

11/04/2014

5 CONSENT to Jurisdiction by US Magistrate Judge by Calvin Glover. (asc)
[Transferred from Wisconsin Eastern on 12/12/2014.] (Entered: 11/04/2014)

12/12/2014

6 Order transferring case to the United States District Court for the Western District of
Wisconsin pursuant to 28 U.S.C. § 1404(a) signed by Judge J P Stadtmueller on
12/12/14. (cc: Plaintiff, all counsel)(nm) [Transferred from Wisconsin Eastern on
12/12/2014.] (Entered: 12/12/2014)

12/12/2014

7 Case transferred in from District of Wisconsin Eastern; Case Number 2:14−cv−01352.
Original file certified copy of transfer order and docket sheet received. (lak) (Entered:
12/12/2014)

12/17/2014

8 ORDER on ifp request: Initial partial filing fee of $ 20.70 assessed. Initial partial filing
fee due 1/6/2015. Signed by Magistrate Judge Peter A. Oppeneer on 12/17/2014.
(jef),(ps) (Entered: 12/17/2014)

12/31/2014

9 Motion for Extension of Time to submit initial partial filing fee by Plaintiff Calvin
Glover. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 12/31/2014)

12/31/2014

10 Empty Envelope addressed to the clerk's office by Plaintiff Calvin Glover. (elc),(ps)
(Entered: 12/31/2014)

12/31/2014

11 Letter from clerk's office in response to 10 Empty Envelope addressed to the clerk's
office by Plaintiff Calvin Glover. (elc),(ps) (Entered: 12/31/2014)

01/05/2015

Partial Filing fee received : $ 29.70, receipt number 34690021984 (elc),(ps) (Entered:
01/05/2015)

01/05/2015

12 ** TEXT ONLY ORDER **
ORDER denying as unnecessary plaintiff's 9 Motion for Extension of Time to submit
initial partial filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 1/5/2014.
(elc),(ps) (Entered: 01/05/2015)

12/04/2015

13 Letter Requesting Status Update by Plaintiff Calvin Glover. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 12/04/2015)

12/07/2015

14 Letter from Clerk's Office in response to 13 letter from plaintiff. (jef),(ps) (Entered:
12/07/2015)

04/28/2016

15 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant CO
Schraufragel. Materials delivered to DOJ for acceptance of service. Signed by District
Judge James D. Peterson on 4/28/2016. (jef),(ps) (Entered: 04/28/2016)

05/12/2016

16 Notice of Appearance filed by Katherine D. Spitz for Defendant CO Schraufragel.
(Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 05/12/2016)

05/12/2016

17 Acceptance of Service by DOJ on behalf of Defendant CO Schraufragel. (Spitz,
Katherine),(ps) (Entered: 05/12/2016)

05/12/2016

18 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. (nln),(ps) (Entered: 05/12/2016)

05/16/2016

19 Amended 17 Acceptance of Service, by Defendant CO Schraufragel. (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) Modified docket text on 5/16/2016
(nln). (Entered: 05/16/2016)

06/06/2016

20 ANSWER by Defendant CO Schraufragel, (Attachments:
# 1 Certificate of Service,
# 2 Exhibit − Renumbered Complaint) (Spitz, Katherine),(ps) (Entered: 06/06/2016)

Case: 3:14-cv-00864-jdp As of: 09/11/2017 02:06 PM CDT 3 of 4
06/06/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 7/12/2016 at
02:00 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] (elc),(ps) (Entered:
06/06/2016)

07/18/2016

21 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative
Remedies due 8/26/2016. Dispositive Motions due 3/10/2017. Rule 26(a)(3)
Disclosures and all motions in limine due 9/1/2017. Objections due 9/15/2017. Final
Pretrial Conference set for 9/25/2017 at 08:30 AM. Jury Selection and Trial set for
9/25/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/15/2016.
(jef),(ps) Modified on 7/20/2016. (lak) (Entered: 07/18/2016)

07/19/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 7/12/2016. [:15] (elc),(ps)
(Entered: 07/19/2016)

12/15/2016

22 MOTION FOR SUMMARY JUDGMENT by Plaintiff Calvin Glover.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 12/15/2016)

12/15/2016

23 Brief in Support of 22 Motion for Summary Judgment by Plaintiff Calvin Glover.
(jef),(ps) (Entered: 12/15/2016)

12/15/2016

24 Proposed Findings of Fact filed by Plaintiff Calvin Glover re: 22 Motion for Summary
Judgment. (Attachments:
# 1 Defendant's response to request for admissions,
# 2 Nursing protocols and certification of records) (jef),(ps) (Entered: 12/15/2016)

12/15/2016

Set Briefing Deadlines as to plaintiff's 22 MOTION FOR SUMMARY JUDGMENT.
[Pro Se Summary Judgment Procedure for Cases Assigned to Judge Peterson
attached.] Defendant's Brief in Opposition due 1/17/2017. Plaintiff's Brief in Reply
due 1/27/2017. (jef),(ps) (Entered: 12/15/2016)

01/17/2017

25 MOTION FOR SUMMARY JUDGMENT by Defendant CO Schraufragel.
(Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 01/17/2017)

01/17/2017

26 Brief in Support of 25 Motion for Summary Judgment and in Opposition to 22
Plaintiff's Motion for Summary Judgment, by Defendant CO Schraufragel (Spitz,
Katherine),(ps) Modified docket text on 1/17/2017 (nln). (Entered: 01/17/2017)

01/17/2017

27 Proposed Findings of Fact filed by Defendant CO Schraufragel re: 25 Motion for
Summary Judgment (Spitz, Katherine),(ps) (Entered: 01/17/2017)

01/17/2017

28 Declaration of James Schraufnagel filed by Defendant CO Schraufragel re: 25 Motion
for Summary Judgment (Attachments:
# 1 Exhibit 1000 − CR #2483078) (Spitz, Katherine),(ps) (Entered: 01/17/2017)

01/17/2017

29 Response to Proposed Findings of Fact filed by Defendant CO Schraufragel re: 22
Motion for Summary Judgment (Spitz, Katherine),(ps) (Entered: 01/17/2017)

01/17/2017

Set Briefing Deadlines as to 25 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.]
Plaintiff's Brief in Opposition due 2/16/2017. Defendant's Brief in Reply due
2/27/2017. (nln),(ps) (Entered: 01/17/2017)

02/13/2017

30 Brief in Opposition by Plaintiff Calvin Glover re: 25 Motion for Summary Judgment
filed by CO Schraufragel and in reply to 22 Motion for Summary Judgment filed by
Calvin Glover. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 02/13/2017)

02/13/2017

31 Response to Proposed Findings of Fact filed by Plaintiff Calvin Glover re: 25 Motion
for Summary Judgment. (elc),(ps) (Entered: 02/13/2017)

02/13/2017

32 Reply in Support of Proposed Findings of Fact filed by Plaintiff Calvin Glover re: 22
Motion for Summary Judgment. (elc),(ps) (Entered: 02/13/2017)

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02/13/2017

33 Second Declaration of Calvin Glover re: 22 Motion for Summary Judgment, 25
Motion for Summary Judgment (Attachments:
# 1 Envelopes from Raphfeal Myrick,
# 2 Myrick Trust Fund Statement with note on back,
# 3 Correspondence to Plaintiff,
# 4 Interview/Information Request) (elc),(ps) (Entered: 02/13/2017)

02/13/2017

34 Declaration of Raphfeal Myrick filed by Plaintiff Calvin Glover re: 22 Motion for
Summary Judgment, 25 Motion for Summary Judgment. (elc),(ps) (Entered:
02/13/2017)

02/13/2017

35 Affidavit of Alexander McGee filed by Plaintiff Calvin Glover re: 22 Motion for
Summary Judgment, 25 Motion for Summary Judgment. (elc),(ps) (Entered:
02/13/2017)

02/22/2017

36 Brief in Reply by Defendant CO Schraufragel in Support of 25 Motion for Summary
Judgment, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 02/22/2017)

02/22/2017

37 Reply in Support of Proposed Findings of Fact filed by Defendant CO Schraufragel re:
25 Motion for Summary Judgment. (Spitz, Katherine),(ps) (Entered: 02/22/2017)

07/25/2017

38 Motion to Take Deposition from Calvin Glover by Defendant CO Schraufragel.
Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 07/25/2017)

07/25/2017

39 ** TEXT ONLY ORDER **
ORDER granting defendant's 38 Motion to Take Deposition of Calvin Glover. Signed
by Magistrate Judge Stephen L. Crocker on 7/25/2017. (elc),(ps) (Entered:
07/25/2017)

08/31/2017

40 ORDER denying 22 Motion for Summary Judgment; granting in part and denying in
part 25 Motion for Summary Judgment. Plaintiff's Eighth Amendment claim is
dismissed with prejudice. His state−law claim is dismissed without prejudice. The
clerk of court is directed to enter judgment in favor of defendant dismissing all of
plaintiff's claims and close the case. Signed by District Judge James D. Peterson on
8/31/2017. (jef),(ps) (Entered: 08/31/2017)

08/31/2017

41 JUDGMENT entered in favor of Defendant CO Schraufnagel dismissing the case.
Signed by District Judge James D. Peterson on 8/31/2017. (jef),(ps) (Entered:
08/31/2017)

09/05/2017

42 Submission (Rule 26 disclosures) by plaintiff. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 09/05/2017)

09/11/2017

43 NOTICE OF APPEAL by Plaintiff Calvin Glover as to 41 Judgment, 40 Order on
Motion for Summary Judgment. In forma pauperis pending. No Docketing Statement
filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 09/11/2017)

09/11/2017

44 Appeal Information Packet. (jef),(ps) (Entered: 09/11/2017)