Dumas, Olton v. Department of Corrections et al

Filing 47

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 45 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15−cv−00454−jdp

Dumas, Olton v. Tucker, Victoria et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 07/23/2015
Date Terminated: 01/27/2017
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Olton L. Dumas

represented by Olton L. Dumas
47182
Kenosha Correctional Center
6353 14th Avenue
Kenosha, WI 53143
PRO SE

V.
Defendant
Department of Corrections
TERMINATED: 12/01/2015

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: 01/05/2016
LEAD ATTORNEY

Defendant
Edward F. Wall
Secretary
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Division of Community Corrections
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Denise Symdon
Administrator
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Jim Neitzel
Supervisor
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
represented by

Victoria L. Tucker
Agent

Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY
Rebecca Ann Paulson
Department of Justice
17 West Main Street
Madison, WI 53702
608−266−0278
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Chloe Moore
Agent

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY
Rebecca Ann Paulson
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Department of Administration
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Division of Hearings and Appeals
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Brian Hayes
Administrator
TERMINATED: 12/01/2015

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 01/05/2016
LEAD ATTORNEY

Defendant
Beloit Police Department
TERMINATED: 12/01/2015
Date Filed

#

Docket Text

07/23/2015

1 COMPLAINT against All Defendants, filed by Plaintiff Olton L. Dumas. (Case
randomly assigned to District Judge James D. Peterson.) (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln) (Entered: 07/23/2015)

07/23/2015

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Olton L. Dumas. (nln),(ps)
(Entered: 07/23/2015)

07/24/2015

3 ORDER directing plaintiff to submit a Trust Fund Account Statement by 8/13/2015.
Signed by Magistrate Judge Peter A. Oppeneer on 7/24/2015. (elc),(ps) (Entered:
07/24/2015)

08/03/2015

4 Inmate Account Statement by Plaintiff Olton L. Dumas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 08/03/2015)

08/04/2015

5 ORDER on ifp request: Complaint taken under advisement for screening. Signed by
Magistrate Judge Peter A. Oppeneer on 8/4/2015. (jef),(ps) (Entered: 08/04/2015)

08/04/2015

6 Warden PLRA Letter. (jef),(ps) (Entered: 08/04/2015)

10/13/2015

7 Notice of Change of Address from the Rock County Jail to Dodge Correctional
Institution by Plaintiff Olton L. Dumas. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/13/2015)

12/01/2015

8 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Victoria L. Tucker, Chloe Moore. Leave to proceed denied and case dismissed against
Department of Corrections, Division of Community Corrections, Division of Hearings
and Appeals, Brian Hayes, Jim Neitzel, Denise Symdon, Edward F. Wall, Beloit
Police Department and Department of Administration. Materials delivered to DOJ for
acceptance of service. Signed by District Judge James D. Peterson on 12/1/2015.
(jef),(ps) (Entered: 12/01/2015)

01/05/2016

9 Notice of Appearance filed by Rebecca Ann Paulson for Defendants Chloe Moore,
Victoria L. Tucker. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 01/05/2016)

01/05/2016

10 Acceptance of Service by DOJ on behalf of Defendants Chloe Moore, Victoria L.
Tucker. (Paulson, Rebecca),(ps) (Entered: 01/05/2016)

01/05/2016

11 MOTION TO DISMISS by Defendants Chloe Moore, Victoria L. Tucker. (Paulson,
Rebecca),(ps) (Entered: 01/05/2016)

01/05/2016

12 Brief in Support of 11 Motion to Dismiss by Defendants Chloe Moore, Victoria L.
Tucker. (Paulson, Rebecca),(ps) (Entered: 01/05/2016)

01/05/2016

Set Briefing Deadlines as to 11 MOTION TO DISMISS. Plaintiff's Brief in Opposition
due 1/26/2016. Defendants' Brief in Reply due 2/5/2016. (nln),(ps) (Entered:
01/05/2016)

01/05/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/26/2016 at
02:30 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] (nln),(ps) (Entered:
01/05/2016)

01/05/2016

13 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: 01/05/2016)

01/25/2016

14 Brief in Opposition by Plaintiff Olton L. Dumas re: 11 Motion to Dismiss filed by
Victoria L. Tucker, Chloe Moore. (Attachments:
# 1 Exhibit A − Four Part Stage Draft,
# 2 Cover Letter,
# 3 Envelope) (nln),(ps) (Entered: 01/25/2016)

01/27/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 1/26/2016 [:20] (cak),(ps)
(Entered: 01/27/2016)

01/29/2016

15 Pretrial Conference Order − Dispositive Motions due 9/16/2016. Rule 26(a)(3)
Disclosures and all motions in limine due 3/10/2017. Objections due 3/24/2017. Final
Pretrial Conference set for 4/3/2017 at 08:30 AM. Jury Selection and Trial set for
4/3/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 1/28/2016.
(jef),(ps) (Entered: 01/29/2016)

02/02/2016

16 Brief in Reply by Defendants Chloe Moore, Victoria L. Tucker in Support of 11
Motion to Dismiss, (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) Modified on 2/2/2016: Removed
duplicate text. (lak) (Entered: 02/02/2016)

06/07/2016

17 ORDER denying 11 Motion to Dismiss. Signed by District Judge James D. Peterson
on 6/7/2016. (jef),(ps) (Entered: 06/07/2016)

06/20/2016

18 ANSWER by Defendants Chloe Moore, Victoria L. Tucker, (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 06/20/2016)

08/18/2016

19 Motion to Take Deposition from Olton Dumas by Defendants Chloe Moore, Victoria
L. Tucker. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 08/18/2016)

08/18/2016

20 ** TEXT ONLY ORDER **
ORDER granting 19 Motion to Take Deposition from Olton Dumas. Signed by District
Judge James D. Peterson on 8/18/2016. (nln),(ps) (Entered: 08/18/2016)

09/06/2016

21 MOTION FOR SUMMARY JUDGMENT by Plaintiff Olton L. Dumas.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 09/06/2016)

09/06/2016

22 Brief in Support of 21 Motion for Summary Judgment by Plaintiff Olton L. Dumas
(elc),(ps) (Entered: 09/06/2016)

09/06/2016

23 Proposed Findings of Fact filed by Plaintiff Olton L. Dumas re: 21 Motion for
Summary Judgment (elc),(ps) (Entered: 09/06/2016)

09/06/2016

24 Affidavit of Olton Dumas re: 21 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1 − Detail Report for Incident,
# 2 Exhibit 2 − Rock County Jail Liaison Request Form,
# 3 Exhibit 3 − 8/17/2015 DOC Letter to Plaintiff,
# 4 Exhibit 4 − DOC 328.12 Client Complaint Process,
# 5 Exhibit 5 − Sample Statement Form,
# 6 Exhibit 6 − Notice of Violation, Recommended Action, Statement of Hearing
Rights and Receipt,
# 7 Exhibit 7 − Waivers and Custody Decision,
# 8 Exhibit 8 − Case Conditions,
# 9 Exhibit 9 − Rules of Community Supervision,
# 10 Exhibit 10 − Reincarceration Time Recommendation Worksheet) (elc),(ps)
(Entered: 09/06/2016)

09/06/2016

Set Deadlines as to 21 MOTION FOR SUMMARY JUDGMENT. [Pro Se Summary
Judgment Procedure for Cases Assigned to Judge Peterson attached.] Defendants'
Brief in Opposition due 10/6/2016. Plaintiff's Brief in Reply due 10/17/2016. (elc),(ps)
(Entered: 09/06/2016)

09/16/2016

25 Cross MOTION FOR SUMMARY JUDGMENT by Defendants Chloe Moore,
Victoria L. Tucker, (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 09/16/2016)

09/16/2016

26 Combined Brief in Opposition re: 21 Motion for Summary Judgment and Brief in
Support of 25 Motion for Summary Judgment by Defendants Chloe Moore, Victoria L.
Tucker. (Paulson, Rebecca),(ps) Modified on 9/18/2016: This is a multi−part
document. (lak) (Entered: 09/16/2016)

09/16/2016

27 Declaration of Chloe Moore filed by Defendants Chloe Moore, Victoria L. Tucker re:
25 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1000 − Unredacted Revocation Packet,
# 2 Exhibit 1001 − Revocation Hearing Transcript,
# 3 Exhibit 1002 − Booking Report,
# 4 Exhibit 1003 − Jail Liaison Request Form,
# 5 Exhibit 1004 − Dumas' Petition to Exclude Statement,
# 6 Exhibit 1005 − ALJ Revocation Decision) (Paulson, Rebecca),(ps) Modified on
9/18/2016. (lak) (Entered: 09/16/2016)

09/16/2016

28 Declaration of Victoria Tucker filed by Defendants Chloe Moore, Victoria L. Tucker
re: 25 Motion for Summary Judgment. (Paulson, Rebecca),(ps) (Entered: 09/16/2016)

09/16/2016

29 Proposed Findings of Fact by Defendants Chloe Moore, Victoria L. Tucker re: 25
Motion for Summary Judgment. (Paulson, Rebecca),(ps) Modified on 9/18/2016:
Linked to the motion. (lak) (Entered: 09/16/2016)

09/16/2016

30 Response to Proposed Findings of Fact filed by Defendants Chloe Moore, Victoria L.
Tucker re: 21 Motion for Summary Judgment. (Paulson, Rebecca),(ps) (Entered:

09/16/2016)
09/16/2016
09/16/2016

31 Deposition of Olton Dumas taken on September 1, 2016. (Paulson, Rebecca),(ps)
Modified on 9/18/2016. (lak) (Entered: 09/16/2016)
Set Briefing Deadlines as to 25 Cross MOTION FOR SUMMARY JUDGMENT. [Pro
Se Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.]
Plaintiff's Brief in Opposition due 10/17/2016. Defendants' Brief in Reply due
10/27/2016. (nln),(ps) (Entered: 09/16/2016)

10/13/2016

32 Motion for Extension of Time by Plaintiff Olton L. Dumas. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 10/13/2016)

10/13/2016

33 ** TEXT ONLY ORDER **
ORDER granting Plaintiff's 32 Motion for Extension of Time. Plaintiff's Brief in
Opposition and Brief in Reply due 10/24/2016. Defendants' Brief in Reply to their
motion for summary judgment due 11/3/2016. Signed by Magistrate Judge Stephen L.
Crocker on 10/13/2016. (jef),(ps) (Entered: 10/13/2016)

10/17/2016

34 Brief in Reply by Plaintiff Olton L. Dumas in Support of 21 Motion for Summary
Judgment and in Opposition to 25 Cross Motion for Summary Judgment.
(Attachments:
# 1 Cover Letter and Envelope) (nln),(ps) (Entered: 10/17/2016)

10/17/2016

35 Reply in Support of Proposed Findings of Fact filed by Plaintiff Olton L. Dumas re: 21
Motion for Summary Judgment. (nln),(ps) (Entered: 10/17/2016)

10/17/2016

36 Response to Proposed Findings of Fact filed by Plaintiff Olton L. Dumas re: 25 Cross
Motion for Summary Judgment. (nln),(ps) (Entered: 10/17/2016)

10/17/2016

37 Declaration of Olton Dumas re 34 Brief in Reply in Support of 21 MOTION FOR
SUMMARY JUDGMENT. (Attachments:
# 1 Ex. 11A − Letter from Chloe Moore dated 5/19/15,
# 2 Ex. 12 − Notes List Report,
# 3 Ex. 13 − General Notes created by Chloe Moore dated 5/8/15,
# 4 Ex. 14 − DOC−1305 Statement,
# 5 Ex. 15 − General Notes created by Chloe Moore dated 5/28/14,
# 6 Ex. 16 − Psychological Service Request) (nln),(ps) (Entered: 10/17/2016)

10/27/2016

38 Letter Requesting verification of receipt of documents by Plaintiff Olton L. Dumas.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/27/2016)

10/27/2016

39 Letter from clerk's office in response to 38 Letter Requesting verification of receipt of
documents. (elc),(ps) (Entered: 10/27/2016)

11/02/2016

40 Combined Brief in Reply by Defendants Chloe Moore, Victoria L. Tucker in Support
of 25 Cross Motion for Summary Judgment and Brief in Opposition to Plaintiff's 21
Motion for Summary Judgment. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) Modified docket text on 11/2/2016
(nln). (Entered: 11/02/2016)

11/02/2016

41 Supplemental Declaration of Chloe Moore filed by Defendants Chloe Moore, Victoria
L. Tucker re: 21 Motion for Summary Judgment, 25 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1006 − Email from Moore to Drury dated 5−19−15,
# 2 Exhibit 1007 − Request Slip from Dumas dated May 2015) (Paulson,
Rebecca),(ps) Modified on 11/3/2016. (lak) (Entered: 11/02/2016)

11/14/2016

42 Notice of Change of Address to Kenosha Correctional Center by Plaintiff Olton L.
Dumas. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/14/2016)

01/27/2017

43 ORDER granting defendants' 25 Motion for Summary Judgment; denying plaintiff's 21
Motion for Summary Judgment and dismissing this case. The clerk of court is directed
to enter judgment for defendants and close this case. Signed by District Judge James
D. Peterson on 1/27/2017. (jef),(ps) (Entered: 01/27/2017)

01/27/2017

44 JUDGMENT entered in favor of defendants dismissing this case. Signed by Peter A.
Oppeneer, Clerk of Court on 1/27/2017. (jef),(ps) (Entered: 01/27/2017)

02/13/2017

45 NOTICE OF APPEAL by Plaintiff Olton L. Dumas as to 44 Judgment, 43 Order. In
forma pauperis pending. No Docketing Statement filed. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 02/13/2017)

02/13/2017

46 Appeal Information Packet. (jef),(ps) (Entered: 02/13/2017)