Morris, Michael v. Dickman, Tammy et al

Filing 56

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−00712−wmc

Morris, Michael v. Dickman, Tammy et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Michael Morris

Date Filed: 11/04/2015
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question
represented by Michael Morris
55441
Wisconsin Secure Program Facility
1101 Morrison Dr.
P.O. Box 9900
Boscobel, WI 53805
(608) 375−5656
PRO SE

V.
Defendant
Tammy Dickman

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]
LEAD ATTORNEY
David C. Rice
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−6823
Fax: 608−267−8906
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
David C. Rice
TERMINATED: 01/09/2017

represented by Corey Francis Finkelmeyer
(See above for address)
LEAD ATTORNEY

Defendant
Diane Fremgen

represented by Corey Francis Finkelmeyer
(See above for address)
LEAD ATTORNEY
David C. Rice
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

11/04/2015

1 COMPLAINT against All Defendants, filed by Michael Morris. (Case non−randomly
assigned to District Judge William M. Conley.) (Attachments:
# 1 Envelopes) (jef) (Additional attachment(s) added on 11/4/2015:
# 2 Certification as to 3 or more dismissals) (jef). (Entered: 11/04/2015)

11/04/2015

2 Motion for Temporary Relief by Plaintiff Michael Morris. (jef),(ps) Modified on
11/4/2015 (jef). (Entered: 11/04/2015)

11/04/2015

3 Motion for Leave to Proceed in forma pauperis by Plaintiff Michael Morris.
(Attachments:
# 1 Authorization to withhold money) (jef),(ps) (Entered: 11/04/2015)

11/04/2015

4 Prisoner Trust Fund Account Statement by Plaintiff Michael Morris. (jef),(ps)
(Entered: 11/04/2015)

11/09/2015

5 ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund
Account Statement due 12/2/2015. Signed by Magistrate Judge Peter A. Oppeneer on
11/9/2015. (jef),(ps) (Entered: 11/09/2015)

11/16/2015

6 Letter from plaintiff Michael Morris requesting confirmation of receipt of complaint.
Note: Sent plaintiff copy of docket sheet for confirmation. (nln),(ps) (Entered:
11/17/2015)

11/18/2015

7 Prisoner Trust Fund Account Statement by Plaintiff Michael Morris. (Attachments:
# 1 Envelope) (nln),(ps) (Additional attachment(s) added on 11/18/2015:
# 2 IPP Calculation) (nln). (Entered: 11/18/2015)

11/20/2015

8 ORDER on ifp request: Initial partial filing fee of $ 0.56 assessed. Initial partial filing
fee due 12/9/2015. Signed by Magistrate Judge Peter A. Oppeneer on 11/20/2015.
(jef),(ps) (Entered: 11/20/2015)

11/30/2015

9 Motion for an Extension of time to Pay the initial partial filing fee or to Waive the
Initial Partial Filing Fee by Plaintiff Michael Morris. (Attachments:
# 1 Weekly Canteen Statement 11/17/2015 − 11/19/2015,
# 2 Interview/Information Request,
# 3 Disbursement Request,
# 4 Envelope) (elc),(ps) (Entered: 11/30/2015)

11/30/2015

10 AMENDED COMPLAINT, filed by Michael Morris. (Attachments:
# 1 Cover Letters and Envelopes) (elc),(ps) Note: Received with a copy addressed to
Diane Fremgen. Modified on 11/30/2015 (elc). (Entered: 11/30/2015)

12/02/2015

11 ORDER denying 9 motion to waive the initial partial payment and granting 9 motion
for an extension of time to submit the initial partial filing fee. Initial partial filing fee
due 1/8/2016. Signed by Magistrate Judge Peter A. Oppeneer on 12/2/2015. (jef),(ps)
(Entered: 12/02/2015)

12/04/2015

12 Motion to Accept Late Payment by Plaintiff Michael Morris. Note: Motion crossed in
the mail with 11 Order. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 12/04/2015)

12/04/2015

13 Motion to enter two motions into record by Plaintiff Michael Morris. (Attachments:
# 1 Exhibits 1−7) (nln),(ps) (Entered: 12/04/2015)

12/31/2015

14 Motion for Extension of Time by Plaintiff Michael Morris. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 12/31/2015)

01/13/2016

15 Motion for Order by Plaintiff Michael Morris. (Attachments:
# 1 Disbursement request, statement excerpt,
# 2 Correspondence,
# 3 Envelope) (jef),(ps) (Entered: 01/13/2016)

01/15/2016
01/15/2016

Partial Filing fee received: $0.48, receipt number 34690025011. (nln),(ps) (Entered:
01/15/2016)
16 Warden PLRA Letter. (nln),(ps) (Entered: 01/15/2016)

01/19/2016

17 ORDER denying as moot 12 Motion to Accept Late Payment; denying as moot 14
Motion for Extension of Time; denying as moot 15 Motion for Order. Plaintiff
Michael Morris's $0.48 payment is accepted as the initial partial payment of the $350
filing fee for filing this case. Signed by Magistrate Judge Peter A. Oppeneer on
1/19/2016. (jef),(ps) (Entered: 01/19/2016)

02/25/2016

18 Letter from plaintiff Michael Morris requesting clarification on serving documents on
the DOJ, and requesting docket sheets for case nos. 15−cv−564 and 15−cv−712.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 02/25/2016)

03/02/2016

19 Letter from Clerk's Office in response to 18 letter from plaintiff Michael Morris.
(nln),(ps) (Entered: 03/02/2016)

03/10/2016

20 Motion for Extension of Legal Loan/Notice of Objection by Plaintiff Michael Morris.
(Attachments:
# 1 Weekly Canteen Statement (2/20/16 − 2/26/16),
# 2 1/5/2016 Memorandum from Business Office re: 2016 Legal Loan,
# 3 Interview/Information Requests,
# 4 Disbursement Request,
# 5 Envelope) (elc),(ps) (Entered: 03/10/2016)

03/14/2016

21 ** TEXT ONLY ORDER **
Plaintiff has filed a "Motion for Extension of Legal Loan," in which he acknowledges
being at the maximum amount of legal loans permitted by statute, but nonetheless
seeks an additional loan so that he may litigate his cases. (Dkt. # 20 .) This motion is
essentially identical to a motion filed in his other case pending before this court,
Morris v. WDOC, Case No. 15−564−wmc (dkt. #14), which the court denied, as it had
as a previous motion requesting a legal loan, because plaintiff cited no authority for his
position, nor had plaintiff shown that he is actually being denied sufficient access to
the court. Morris, Case. No. 15−564, dkt. #12. His motion in this case is DENIED for
the same reasons. Signed by District Judge William M. Conley on 3/14/2016. (jef),(ps)
(Entered: 03/14/2016)

03/21/2016

22 Motion for Reconsideration re (15 in 3:15−cv−00564−wmc) Text Only Order, (21 in
3:15−cv−00712−wmc) Text Only Order, by Plaintiff Michael Morris. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 03/21/2016)

03/23/2016

23 Supplement to (16 in 3:15−cv−00564−wmc, 22 in 3:15−cv−00712−wmc) Motion for
Reconsideration filed by Michael Morris (Attachments:
# 1 Interview/information request,
# 2 Envelope) (jef),(ps) (Entered: 03/23/2016)

04/27/2016

24 Notice of Suspension of Legal Loan and Renewed Motion for an order for notary
services by Plaintiff Michael Morris. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/27/2016)

04/27/2016

25 Letter Requesting verification of receipt of filings by Plaintiff Michael Morris.
(elc),(ps) (Entered: 04/27/2016)

04/27/2016

26 Letter from the clerk's office in response to 25 plaintiff's Letter Requesting verification
of receipt of filings. (elc),(ps) (Entered: 04/27/2016)

05/04/2016

27 Letter from plaintiff Michael Morris providing clarification that submission docketed
as Amended Complaint (at dkt. # 10 ) was not intended to be an amended complaint
and that plaintiff will be filing an amended complaint shortly. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 05/04/2016)

05/10/2016

28 ** TEXT ONLY ORDER **
Morris seeks reconsideration of this court's order denying his request that the court
order the Wisconsin Secure Program Facility ("WSPF") to grant him a $100 legal loan.
(Dkt. # 22 .) In his motion, Morris cites several cases for the proposition that prison
officials may not prevent a prisoner from litigating his claims, including a decision
from this district holding that a prisoner's right to access to the court was violated
when the prison denied him the proper materials or postage to submit evidence in
response to a motion for summary judgment. Ripp v. Nickel, No. 10−cv−492−bbc, dkt.
#48 (W.D. Wis. Mar. 14, 2012). Here, however, Morris has yet to show that he is
being denied access to the courts. Although Morris claims that he has a multitude of

exhibits that are relevant to his claim, he has already filed a complaint and amended
complaint, which are currently under advisement for screening. Thus, he is not
currently facing any impediment to litigating this matter. Furthermore, Morris recently
filed a 52−page amended complaint in his other lawsuit pending before this court,
which indicates that WSPF staff are not impeding his ability to file necessary
documents in his cases. See Morris v. WDOC, No. 15−cv−564−wmc, dkt. #17 (W.D.
Wis. Mar. 21, 2016). Since Morris has not been denied access to the court during the
course of this lawsuit due to a lack of funds, his motion for reconsideration is
DENIED. Signed by District Judge William M. Conley on 5/10/2016. (elc),(ps)
(Entered: 05/10/2016)
06/08/2016

29 Motion to dismiss 10 Amended Complaint and for Leave to File a Second Amended
Complaint by Plaintiff Michael Morris. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/08/2016)

08/01/2016

30 Request for Status Update, by Plaintiff Michael Morris. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 08/01/2016)

08/03/2016

31 Letter from Clerk's Office in response to 30 request for status update from plaintiff.
(nln),(ps) (Entered: 08/03/2016)

10/06/2016

32 SECOND AMENDED COMPLAINT (unsigned) filed by Michael Morris. Note:
Pagination of document skips from page 6 to page 8; however there appear to be no
missing pages. (See dkt. 34 for signed copy.) (Attachments:
# 1 Cover Letter,
# 2 Envelope 1 of 4,
# 3 Envelope 2 of 4) (nln),(ps) (Entered: 10/06/2016)

10/07/2016

33 Letter from Clerk's Office returning 32 second amended complaint to plaintiff for his
signature. (nln),(ps) (Entered: 10/07/2016)

10/21/2016

34 Signed copy of 32 SECOND AMENDED COMPLAINT / Corrected SECOND
AMENDED COMPLAINT, filed by Michael Morris. Note: Signed copy contains a
page 7. (Attachments:
# 1 Cover Letter / Partial Appendix,
# 2 Ex. 1 − Notice that writ of Mandamus was received 11/18/13,
# 3 Ex. 2 − disbursement request,
# 4 Ex. 10 − disbursement request,
# 5 Ex. 15− disbursement request,
# 6 Ex. 18 B1 − disbursement request,
# 7 Cover Letter and Envelope) (nln),(ps) (Entered: 10/21/2016)

01/09/2017

35 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Diane Fremgen, Tammy Dickman. Leave to proceed denied and case dismissed
against David C. Rice. Materials delivered to DOJ for acceptance of service. Plaintiff's
Motion for Temporary Relief (dkt. # 2 ) is DENIED. Signed by District Judge William
M. Conley on 1/9/2017. (jef),(ps) (Entered: 01/09/2017)

01/27/2017

36 Letter to Judge Conley and Mr. Oppeneer from plaintiff regarding submissions.
(Attachments:
# 1 Disbursement request, 1/23/17,
# 2 List of documents,
# 3 Prepaid envelope,
# 4 Pages 2−93 of submission,
# 5 Certificate of service (pg. 94),
# 6 Envelope) (jef). (Entered: 01/27/2017)

01/27/2017

37 Motion for Sanctions by Plaintiff Michael Morris. (Attachments:
# 1 List of documents (same as dkt. 36 #2)) (jef),(ps) (pg. 2 of pgs. 1−94 submission)
(Entered: 01/30/2017)

01/27/2017

38 Notice of Objection by Plaintiff Michael Morris. (Attachments:
# 1 pgs. 4−42 of submission − letters, pleadings, other documents. (jef) (ps). (Entered:
01/30/2017)

01/27/2017

39 Notice of Objection (of court ruling elimating David Rice from this lawsuit) by
Plaintiff Michael Morris. (jef),(ps) Note, there is no page 2 and nothing written on the
backside of this document) (jef) (Entered: 01/30/2017)

01/27/2017

40 Motion to Correct the Record re: 35 Order by Plaintiff Michael Morris. (jef),(ps)
(Entered: 01/30/2017)

01/27/2017

41 Motion for Order (regarding legal loan) by Plaintiffs Michael Morris, Michael Morris.
(Attachments:
# 1 pgs 47−66 of submission − interview/information requests, disbursement requests,
memos, other documents) (jef),(ps) (Entered: 01/30/2017)

01/27/2017

42 Notice of filing on 15−cv−564−wmc; Partial Appendix for 15−cv−712−wmc by
Plaintiff Michael Morris. (jef),(ps) (Entered: 01/30/2017)

01/27/2017

43 Partial Appendix for 15−cv−712 by Plaintiff Michael Morris. (Attachments:
# 1 pgs. 69−93 of exhibits) (jef),(ps) (Entered: 01/30/2017)

02/01/2017

44 Motion for Dismissal and ! (and to file an Amended Complaint) by Plaintiff Michael
Morris. (Attachments:
# 1 Interview/information request,
# 2 4 Pages numbered 2, 3, 2, 3,
# 3 Envelope) (jef),(ps) Note, there was no prepaid envelope enclosed. (jef). (Entered:
02/01/2017)

02/01/2017

45 Letter from Clerk's Office in response to plaintiff's requests for confirmation of filings
and providing plaintiff with docket sheets. (jef),(ps) (Entered: 02/01/2017)

02/02/2017

46 MOTION TO DISMISS by Defendants Tammy Dickman, Diane Fremgen,
(Attachments:
# 1 Certificate of Service) (Rice, David),(ps) (Entered: 02/02/2017)

02/02/2017

47 Brief in Support of 46 Motion to Dismiss by Defendants Tammy Dickman, Diane
Fremgen, (Attachments:
# 1 Exhibit 1 − Court's Decision,
# 2 Exhibit 2 − Clerk Diane Fremgen's Letter) (Rice, David),(ps) (Entered:
02/02/2017)

02/02/2017

Set Briefing Deadlines as to 46 MOTION TO DISMISS . Plaintiff's Brief in
Opposition due 2/23/2017. Defendants' Brief in Reply due 3/6/2017. (nln),(ps)
(Entered: 02/02/2017)

02/09/2017

48 Notice of Objection, Motion to Stay by Plaintiff Michael Morris. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 02/09/2017)

02/23/2017

49 Brief in Opposition by Plaintiff Michael Morris re: 46 Motion to Dismiss filed by
Tammy Dickman, Diane Fremgen. (Attachments:
# 1 Ex. 1 − Letter from Judge William Foust dated 7/22/14,
# 2 Ex. 2 − Letter from Gail Richardson dated 7/24/14, WI Court of Appeals orders
dated 1/15/04 and 7/27/00,
# 3 Envelope) (nln),(ps) (Entered: 02/23/2017)

02/23/2017

50 Motion for Stay to Seek Interlocutory Appeal, by Plaintiff Michael Morris. (nln),(ps)
(Entered: 02/23/2017)

02/23/2017

54 NOTICE OF APPEAL − INTERLOCUTORY by Plaintiff Michael Morris as to 35
Order on ifp request − Order on Leave to Proceed. In forma pauperis pending. No
Docketing Statement filed. (Attachments:
# 1 Envelope,
# 2 Email cover letter from Court of Appeals) (jef),(ps) Note, this was received by the
Seventh Circuit on 3/3/2017. (jef) (Entered: 03/03/2017)

02/27/2017

51 Combined Brief in Reply by Defendants Tammy Dickman, Diane Fremgen in Support
of 46 Motion to Dismiss and Brief in Opposition re: 50 Motion for Stay to Seek
Interlocutory Appeal, (Attachments:
# 1 Certificate of Service) (Rice, David),(ps) Modified on 2/28/2017: Multi−part
document. (lak) (Entered: 02/27/2017)

03/01/2017

52 Letter Requesting verification of receipt of filings by Plaintiff Michael Morris.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/01/2017)

03/01/2017

53 Letter from clerk's office in response to 52 Letter Requesting verification of receipt of
filings by Plaintiff Michael Morris. (elc),(ps) (Entered: 03/01/2017)

03/03/2017

55 Appeal Information Packet. (jef),(ps) (Entered: 03/03/2017)