Mitchell, Roy v. Kallas, Kevin et al

Filing 59

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 54 Notice of Appeal. (Attachments: # 1 Order, # 2 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15−cv−00108−wmc

Mitchell, Roy v. Kallas, Kevin et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: Seventh Circuit Court of Appeals,
15−01881
Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Roy Mitchell

Date Filed: 02/18/2015
Jury Demand: Defendant
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

represented by Roy Mitchell
Dane County Jail
115 W. Doty St.
Madison, WI 53703
PRO SE

V.
Defendant
Edward F. Wall
TERMINATED: 04/07/2015

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: 05/15/2015
LEAD ATTORNEY

Defendant
Gary Hamblin
TERMINATED: 04/07/2015
Defendant
Kevin Kallas

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 05/15/2015
LEAD ATTORNEY
Jody J. Schmelzer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−3094
Fax: (608) 267−8906
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Dr. Dawn Laurent

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 05/15/2015
LEAD ATTORNEY
Jody J. Schmelzer
(See above for address)

ATTORNEY TO BE NOTICED
Defendant
Joseph Ruhnke
TERMINATED: 04/07/2015
Defendant
Brittany Wolfe
TERMINATED: 04/07/2015
Defendant
Nicole Raisbeck
TERMINATED: 04/07/2015
Date Filed

#

Docket Text

02/18/2015

1 COMPLAINT against All Defendants, filed by Roy Mitchell. (Case non−randomly
assigned to District Judge William M. Conley.) (jef) (Additional attachment(s)
added on 5/12/2015:
# 1 Exhibit B − Policies, procedures,
# 2 Exhibit E − Correspondence, report,
# 3 Exhibit K − Report) (jef). The remaining Exhibits A through DD are filed
conventionally, and are currently at the Court of Appeals. (jef). (Entered:
02/18/2015)

02/18/2015

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Roy Mitchell. (jef),(ps)
(Entered: 02/18/2015)

02/20/2015

3 ORDER on ifp request: Plaintiff's 2 motion for leave to proceed without
prepayment of fees is granted. Complaint taken under advisement for screening.
Signed by Magistrate Judge Peter A. Oppeneer on 2/20/2015. (nln),(ps) (Entered:
02/20/2015)

02/20/2015

Motion for In Forma Pauperis Screening. (nln),(ps) (Entered: 02/20/2015)

02/20/2015

4 Exhibit JJ (CD) to 1 Complaint filed by Roy Mitchell. (jef),(ps) Note, that Exhibits
EE−II (Psychological services report, articles and webpages) are also filed
conventionally. (jef) (Entered: 02/20/2015)

02/25/2015

5 Motion for Imminent Danger Temporary Injunctive Relief by Plaintiff Roy
Mitchell. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/25/2015)

02/25/2015

6 Declaration of Roy Mitchell re: 5 Motion for Emergency Injunctive Relief.
(Attachments:
# 1 Decisions) (jef),(ps) (Entered: 02/25/2015)

03/02/2015

7 Exhibit KK to 1 Complaint filed by Roy Mitchell. Note: Page 2−8 are photocopies
and not very clear and cut off at the bottom of the page. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/02/2015)

03/11/2015

8 Letter from plaintiff. (Attachments:
# 1 Exhibit LL − Correspondence, webpages,
# 2 Envelope) (jef),(ps) Note, the letter is 3 pages, 3/11/2015 (jef). (Entered:
03/11/2015)

03/27/2015

9 Exhibit to 5 Motion for Emergency Injunctive Relief filed by Roy Mitchell
(Attachments:
# 1 Receipt from Madison Police Department,
# 2 Envelope) (elc),(ps) (Entered: 03/27/2015)

04/06/2015

10 Declaration of Roy Mitchell re: 5 Motion for Emergency Injunctive Relief.
(Attachments:
# 1 Decision, 022713−39907−A,
# 2 Envelope) (jef),(ps) (Entered: 04/06/2015)

04/07/2015

11 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against
Defendants Kevin Kallas, Dawn Laurent. Leave to proceed denied and case
dismissed against Joseph Ruhnke, Edward F. Wall, Brittany Wolfe, Gary Hamblin
and Nicole Raisbeck. Materials delivered to DOJ for acceptance of service. Signed
by District Judge William M. Conley on 4/6/2015. (jef),(ps) (Entered: 04/07/2015)

04/08/2015

12 Letter dated 4/4/2015 regarding 5 Motion for Emergency Injunctive Relief filed by
Roy Mitchell. (Attachments:
# 1 Notification of sentence data, revocation hearing request,
# 2 Envelope) (jef),(ps) (Entered: 04/08/2015)

04/08/2015

13 Letter dated 4/6/2015 regarding 5 Motion for Emergency Injunctive Relief filed by
Roy Mitchell. (Attachments:
# 1 Letter from UW Law School student,
# 2 Envelope) (jef),(ps) (Entered: 04/08/2015)

04/08/2015

14 ORDER denying 5 motion for a temporary restraining order or preliminary
injunction. Signed by District Judge William M. Conley on 4/8/2015. (jef),(ps)
(Entered: 04/08/2015)

04/13/2015

15 Motion for Reconsideration re 11 Order on Leave to Proceed by Plaintiff Roy
Mitchell. (Attachments:
# 1 Attorney Rejection Letter,
# 2 Envelope) (elc),(ps) (Entered: 04/13/2015)

04/14/2015

16 Notice of Appearance filed by Jody J. Schmelzer for Defendants Kevin Kallas,
Dawn Laurent. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 04/14/2015)

04/14/2015

17 Acceptance of Service by DOJ on behalf of Defendants Kevin Kallas, Dawn
Laurent. (Schmelzer, Jody),(ps) (Entered: 04/14/2015)

04/14/2015

18 Notice that for the remainder of this lawsuit plaintiff need only send a copy of her
filings in this case to the court pursuant to an informal service agreement with the
Wisconsin Department of Justice. (elc),(ps) (Entered: 04/14/2015)

04/15/2015

19 ORDER denying plaintiff Roy Mitchell's 15 motion for reconsideration. Signed by
District Judge William M. Conley on 4/15/2015. (nln),(ps) (Entered: 04/15/2015)

04/16/2015

20 Letter from plaintiff Roy Mitchell Requesting Appeal Forms. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/16/2015)

04/23/2015

21 NOTICE OF APPEAL − INTERLOCUTORY by Plaintiff Roy Mitchell as to 11
Order on ifp request − Order on Leave to Proceed, 14 Order on Motion for
Emergency Injunctive Relief, 19 Order on Motion for Reconsideration. In forma
pauperis requested. No Docketing Statement filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/23/2015)

04/23/2015

22 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Roy
Mitchell. (jef),(ps) (Entered: 04/23/2015)

04/23/2015

23 Letter from plaintiff regarding discovery. (Attachments:
# 1 Notice regarding service,
# 2 Wis. DOJ request for medical release authorization) (jef),(ps) (Entered:
04/23/2015)

04/23/2015

24 Appeal Information Packet. (jef),(ps) (Entered: 04/23/2015)

04/23/2015

25 Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit
Court of Appeals re 21 Notice of Appeal. (Attachments:
# 1 Order, 4/7/15,
# 2 Order, 4/8/15,
# 3 Order, 4/15/15,
# 4 Docket sheet) (jef),(ps) (Entered: 04/23/2015)

04/24/2015

26 USCA Case Number 15−1881 for 21 Notice of Appeal, filed by Roy Mitchell.
(jef),(ps) (Entered: 04/24/2015)

04/24/2015

27 ORDER granting 22 Motion for Leave to Appeal in forma pauperis. The clerk of
court is directed to administratively close this case pending the outcome of
Mitchell's interlocutory appeal. Signed by District Judge William M. Conley on
4/24/2015. (jef),(ps) (Entered: 04/24/2015)

04/27/2015

28 Docketing Statement re 21 Notice of Appeal. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/27/2015)

04/27/2015

29 Motion for Assistance Appointing Counsel by Plaintiff Roy Mitchell.
(Attachments:
# 1 10/14/1998 Police Report,
# 2 Envelope) (elc),(ps) (Entered: 04/27/2015)

04/27/2015

30 Supplement to 29 Motion for Assistance Appointing Counsel filed by Roy
Mitchell. (Attachments:
# 1 4/21/2015 Attorney Rejection Letter,
# 2 Envelope) (elc),(ps) (Entered: 04/27/2015)

04/29/2015

31 Order DENYING 29 Motion for recruitment of pro bono counsel. The clerk's
office shall transfer this motion (dkt. # 29 ) and the attendant supplemental
memorandum (dkt. # 30 ) to the Seventh Circuit for consideration along with
Mitchell's pending appeal. Signed by District Judge William M. Conley on
4/29/2015. (elc),(ps) (Entered: 04/29/2015)

04/30/2015

32 Certified and Transmitted Record on Appeal to US Court of Appeals re 21 Notice
of Appeal. (Attachments:
# 1 Certification) (nln),(ps) (Entered: 04/30/2015)

05/01/2015

33 Transcript Request Form by Plaintiff Roy Mitchell re 21 Notice of Appeal.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 05/01/2015)

05/04/2015

34 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re: 21
Notice of Appeal − Interlocutory by Plaintiff Roy Mitchell. (arw),(ps) (Entered:
05/04/2015)

05/04/2015

35 Letter requesting clarification regarding defendants' answer by Plaintiff Roy
Mitchell. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/04/2015)

05/15/2015

36 ANSWER with Jury Demand by Defendants Kevin Kallas, Dawn Laurent.
(Attachments:
# 1 Re−Numbered Complaint,
# 2 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 05/15/2015)

05/26/2015

37 Copy of letter sent to Brad Schimel with an additional note about exhaustion added
by Plaintiff Roy Mitchell. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/26/2015)

06/01/2015

38 Notice of Change of Address to Dane County Jail and request for copies of any
filings made since May 23, 2015 by Plaintiff Roy Mitchell. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/01/2015)

06/10/2015

39 Motion to Strike 36 Answer by Plaintiff Roy Mitchell. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (elc),(ps) (Entered: 06/10/2015)

06/10/2015

40 Motion for Sanctions by Plaintiff Roy Mitchell. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (elc),(ps) (Entered: 06/10/2015)

06/10/2015

41 Notice of Change of Address to Dane County Jail and request for docket sheet by
Plaintiff Roy Mitchell. (elc),(ps) (Entered: 06/10/2015)

06/11/2015

42 Motion for Assistance in Recruiting Counsel by Plaintiff Roy Mitchell.
(Attachments:
# 1 Medical Records (Redacted),
# 2 May 30, 2015 Newspaper Article,
# 3 June 2, 2015 Newspaper article,

# 4 Envelope) (elc),(ps) (Entered: 06/11/2015)
06/11/2015

43 ORDER from USCA denying plaintiff−Appellant's motion filed on June 10, 2015
as to 21 Notice of Appeal, filed by Roy Mitchell. (elc),(ps) (Entered: 06/11/2015)

06/15/2015

44 Supplement to 42 Motion for Assistance in Recruiting Counsel filed by Roy
Mitchell. (Attachments:
# 1 Exhibits (redacted),
# 2 Envelope) (elc),(ps) (Entered: 06/15/2015)

06/19/2015

45 Letter from plaintiff regarding settlement attempt. (Attachments:
# 1 Letter to Attorney Schmelzer,
# 2 Envelope) (jef),(ps) (Entered: 06/19/2015)

06/29/2015

46 Supplement to 42 Motion for Assistance in Recruiting Counsel filed by Roy
Mitchell (Attachments:
# 1 Dane County Sheriff's Office Jail Event Summary Report,
# 2 Attorney Rejection Letter,
# 3 Envelope) (elc),(ps) (Entered: 06/29/2015)

07/08/2015

47 Motion for change of judge presiding over case by Plaintiff Roy Mitchell.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/08/2015)

07/08/2015

48 Declaration of Ms. Roy Mitchell re: 47 Motion for change of judge. (elc),(ps)
(Entered: 07/08/2015)

07/13/2015

49 Motion to Amend Complaint, by Plaintiff Roy Mitchell. (Attachments:
# 1 Dane COunty Sheriff's Office Jail Event Summary Report,
# 2 Envelope) (elc),(ps) (Entered: 07/13/2015)

07/15/2015

50 Supplement to 40 Motion for Sanctions filed by Roy Mitchell. (Attachments:
# 1 Cover Letter with request for docket sheet and Envelope) (elc),(ps) (Entered:
07/15/2015)

07/15/2015

51 Supplement to 49 Motion to Amend Complaint filed by Roy Mitchell
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/15/2015)

07/20/2015

52 Letter from Plaintiff Roy Mitchell dated 7/16/2015 re: defendants Ruhnke, Wolfe
and Raisbeck. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/20/2015)

08/06/2015

53 ORDER Reopening Case. Plaintiff's Motion to Strike Answer (dkt. # 39 ), Motion
for Sanctions (dkt. # 40 ), Motion for Assistance in Recruiting Counsel (dkt. # 42 ),
Motion for Change of Judge (dkt. # 47 ) and Motion to Amend Complaint (dkt. #
49 ) are DENIED. The clerk's office is DIRECTED to set this matter for a
preliminary pretrial conference before Magistrate Judge Stephen Crocker. Signed
by District Judge William M. Conley on 8/6/2015. (elc),(ps) (Entered: 08/06/2015)

08/06/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for
8/27/2015 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: 08/06/2015)

08/17/2015

54 NOTICE OF APPEAL − INTERLOCUTORY by Plaintiff Roy Mitchell as to 53
Order. In forma pauperis requested. No Docketing Statement filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 08/18/2015)

08/17/2015

55 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Roy
Mitchell. (jef),(ps) (Entered: 08/18/2015)

08/17/2015

56 Affidavit of Roy Mitchell re: 55 Motion for Leave to Proceed In Forma Pauperis
on Appeal. (jef),(ps) (Entered: 08/18/2015)

08/17/2015

57 Inmate Account Statement by Plaintiff Roy Mitchell. (jef),(ps) (Entered:
08/18/2015)

08/18/2015

58 Appeal Information Packet. (jef),(ps) (Entered: 08/18/2015)