Jones, Christopher v. Nelson, Andrea et al

Filing 49

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−00831−bbc

Jones, Christopher v. Nelson, Andrea et al
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 12/28/2015
Date Terminated: 07/24/2017
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Christopher Jones

represented by Christopher Jones
#528671
Jackson Correctional Institution
N6500 Haipek Rd.
P.O. Box 233
Black River Falls, WI 54615−0232
PRO SE

V.
Defendant
Andrea Nelson

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: 05/23/2016
LEAD ATTORNEY
Monica A. Burkert − Brist
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−1795
Fax: 608−267−8906
Email: burkert−[e-mail]
ATTORNEY TO BE NOTICED

Defendant
John Doe
unknown Restrictive Housing Unit Staff
at Columbia Corr. Inst.

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dr. Baird

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
C/O Br. Neumaier

Defendant

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

C/O Millard

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
C/O Howell

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
C/O Veiter

Date Filed

represented by Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED
#

Docket Text

12/28/2015

1 COMPLAINT against All Defendants, filed by Christopher Jones. (Case randomly
assigned to District Judge Barbara B. Crabb.) (Attachments:
# 1 Envelope) (jef) (Entered: 12/29/2015)

12/28/2015

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Christopher Jones.
(jef),(ps) (Entered: 12/29/2015)

12/29/2015

3 ORDER on ifp request: Initial partial filing fee of $ 36.25 assessed. Initial partial filing
fee due 1/20/2016. Signed by Magistrate Judge Peter A. Oppeneer on 12/29/2015.
(jef),(ps) (Entered: 12/29/2015)

01/11/2016

Partial Filing fee received : $ 36.25, receipt number 34690024966 (elc),(ps) (Entered:
01/11/2016)

01/11/2016

4 Warden PLRA Letter. (elc),(ps) (Entered: 01/11/2016)

02/22/2016

5 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Andrea Nelson and John Doe. Materials delivered to DOJ for acceptance of service.
Signed by District Judge Barbara B. Crabb on 2/22/2016. (elc),(ps) (Entered:
02/22/2016)

03/07/2016

6 Notice of Appearance (Special Appearance for Identification of Doe Defendant) filed
by Monica A. Burkert − Brist for Defendant John Doe. (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 03/07/2016)

03/21/2016

7 ORDER Directing USMS to Serve Complaint on defendant Andrea Nelson. Signed by
Magistrate Judge Peter A. Oppeneer on 3/21/2016. (jef),(ps) (Entered: 03/21/2016)

03/22/2016

8 Summons Issued as to Andrea Nelson. Forwarded to USMS for service. (nln),(ps)
(Entered: 03/22/2016)

03/31/2016

9 Notice Regarding Identification of John Doe Defendant and Filing of Answer,
(Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) Modified on 4/1/2016. (lak)
(Entered: 03/31/2016)

05/05/2016

10 Marshal Service Return Executed. Andrea Nelson served on 5/3/2016. (jef),(ps)
(Entered: 05/05/2016)

05/23/2016

11 Notice of Appearance filed by Monica A. Burkert − Brist for Defendant Andrea
Nelson. (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 05/23/2016)

05/23/2016

12 ANSWER by Defendant Andrea Nelson. (Burkert − Brist, Monica),(ps) (Entered:
05/23/2016)

05/23/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 6/15/2016 at
01:00 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] (nln),(ps) (Entered:

05/23/2016)
06/15/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 6/15/2016 [:20] (cak),(ps)
(Entered: 06/15/2016)

06/17/2016

13 Pretrial Conference Order − Amended Complaint Naming Doe Defendants due
8/30/2016. Answer to Amended Complaint due 9/21/2016. Dispositive Motions for
Failure to Exhaust Administrative Remedies due 9/23/2016. Dispositive Motions due
2/10/2017. Motions in Limine due 8/4/2017. Response to Motions due 8/18/2017.
Final Pretrial Conference set for 8/28/2017 at 08:30 AM. Jury Selection and Trial set
for 8/28/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
6/16/2016. (elc),(ps) (Entered: 06/17/2016)

07/15/2016

14 Response to Discovery Request from Andrea Nelson by Defendant Andrea Nelson.
(Burkert − Brist, Monica),(ps) (Entered: 07/15/2016)

08/01/2016

15 Motion to Amend 1 Complaint by Plaintiff Christopher Jones. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/01/2016)

08/01/2016

16 AMENDED COMPLAINT by Plaintiff Christopher Jones. (elc),(ps) Modified text on
10/21/2016. (jef). (Entered: 08/01/2016)

08/01/2016

17 Affidavit of Christopher Jones re: 15 Motion to Amend Complaint (Attachments:
# 1 Exhibits (Date of Birth redacted)) (elc),(ps) (Entered: 08/01/2016)

08/01/2016

Set Deadlines as to 15 Motion to Amend Complaint. Defendant's Brief in Opposition
due 8/15/2016. Plaintiff's Brief in Reply due 8/22/2016. (elc),(ps) (Entered:
08/01/2016)

08/25/2016

18 Letter Stating No Reply to be Filed and requesting ruling by Plaintiff Christopher
Jones re: 16 Proposed Amended Complaint 15 Motion to Amend Complaint filed by
Christopher Jones. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/25/2016)

09/20/2016

19 Motion for Screening of Complaint by Defendants John Doe, Andrea Nelson,
(Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) Modified on 9/21/2016 (lak).
(Entered: 09/20/2016)

09/23/2016

20 Motion to Stay Dispositive Motion Deadline as to Exhaustion Defenses by Defendant
Andrea Nelson. (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 09/23/2016)

10/21/2016

21 ORDER granting 15 Motion to Amend Complaint; granting 19 Motion for Screening
of Complaint; denying as moot 20 Motion to Stay. Plaintiff granted leave to proceed
against defendants Nelson, Neumaier, Millard, Howell, Veiter and Baird.
The Wisconsin Department of Justice may have until October 31, 2016 to inform the
court whether it will accept service of plaintiff's amended complaint on behalf of
defendants Br. Neumaier, Millard, Howell, Veiter and Baird. If the Department
accepts service for defendants Neumaier, Millard, Howell, Veiter and Baird, these
defendants may have until November 14, 2016 to file and serve their answers.
Defendants are free to file a motion for summary judgment on exhaustion grounds at
any time before the February 10, 2017 deadline for all dispositive motions. Signed by
District Judge Barbara B. Crabb on 10/21/2016. (jef),(ps) (Entered: 10/21/2016)

11/04/2016

22 ANSWER by Defendant Andrea Nelson, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 11/04/2016)

11/04/2016

23 Acceptance of Service by DOJ on behalf of Defendants Baird, Howell, Millard,
Andrea Nelson, Br. Neumaier, Veiter. Service not accepted on behalf of Andrea
Nelson, Brian Neumaier, Lesley Chapin, Jeremiah Millard, Andrew Howell and
Jonathan Vetter, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 11/04/2016)

11/14/2016

24 ANSWER by Defendants Baird, Howell, Millard, Br. Neumaier, Veiter, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 11/14/2016)

01/27/2017

25 Expert Witness Disclosures (Captioned Expert Report) by Defendants Baird, Howell,
Millard, Andrea Nelson, Br. Neumaier, Veiter, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) Modified on 1/29/2017. (lak)
(Entered: 01/27/2017)

02/03/2017

26 MOTION FOR SUMMARY JUDGMENT On Exhaustion Grounds by Defendants
Baird, Howell, Millard, Andrea Nelson, Br. Neumaier, Veiter, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) (Entered: 02/03/2017)

02/03/2017

27 Brief in Support of 26 Motion for Summary Judgment On Exhaustion Grounds by
Defendants Baird, Howell, Millard, Andrea Nelson, Br. Neumaier, Veiter. (Burkert −
Brist, Monica),(ps) (Entered: 02/03/2017)

02/03/2017

28 Proposed Findings of Fact filed by Defendants Baird, Howell, Millard, Andrea Nelson,
Br. Neumaier, Veiter re: 26 Motion for Summary Judgment. (Burkert − Brist,
Monica),(ps) (Entered: 02/03/2017)

02/03/2017

29 Declaration of Isaac Hart filed by Defendants Baird, Howell, Millard, Andrea Nelson,
Br. Neumaier, Veiter re: 26 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1001 − Inmate Complaint History,
# 2 Exhibit 1002 − CCI−2010−20054,
# 3 Exhibit 1003 − JCI−18216) (Burkert − Brist, Monica),(ps) (Entered: 02/03/2017)

02/03/2017

Set Briefing Deadlines as to 26 MOTION FOR SUMMARY JUDGMENT On
Exhaustion Grounds. Plaintiff's Brief in Opposition due 2/24/2017. Defendants' Brief
in Reply due 3/3/2017. (nln),(ps) (Entered: 02/03/2017)

02/09/2017

30 Letter requesting a copy of dkt. 17 declaration by Plaintiff Christopher Jones.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/09/2017)

02/15/2017

31 Clerk's Office response to plaintiff's 30 letter requesting copies. (jef),(ps) (Entered:
02/15/2017)

02/17/2017

32 Brief in Opposition by Plaintiff Christopher Jones re: 26 Motion for Summary
Judgment filed by Andrea Nelson, Millard, Howell, Baird, Veiter, Br. Neumaier
(Attachments:
# 1 Inmate Complaint documents for CCI−2010−18578,
# 2 Envelope) (elc),(ps) Note: Inmate Complaint documents scanned on darkest
setting, still partially illegible. (Entered: 02/17/2017)

02/17/2017

33 Response to Proposed Findings of Fact filed by Plaintiff Christopher Jones re: 26
Motion for Summary Judgment. (elc),(ps) (Entered: 02/17/2017)

02/17/2017

34 Proposed Findings of Fact filed by Plaintiff Christopher Jones re: 26 Motion for
Summary Judgment (elc),(ps) (Entered: 02/17/2017)

02/17/2017

35 Declaration of Christopher Jones re: 26 Motion for Summary Judgment (Attachments:
# 1 Medical Progress Notes, Conduct Report, Disciplinary Hearing Decision, DAI
Policy) (elc),(ps) (Entered: 02/17/2017)

02/17/2017

36 Expert Witness Disclosures by Plaintiff Christopher Jones. (elc),(ps) (Entered:
02/17/2017)

02/17/2017

37 Motion for Assistance in Recruiting Counsel by Plaintiff Christopher Jones.
(Attachments:
# 1 Attorney Rejection Letter,
# 2 Test Report) (elc),(ps) (Entered: 02/17/2017)

03/03/2017

38 Brief in Reply by Defendants Baird, Howell, Millard, Andrea Nelson, Br. Neumaier,
Veiter in Support of 26 Motion for Summary Judgment. (Burkert − Brist, Monica),(ps)
(Entered: 03/03/2017)

03/03/2017

39 Reply in Support of Proposed Findings of Fact filed by Defendants Baird, Howell,
Millard, Andrea Nelson, Br. Neumaier, Veiter re: 26 Motion for Summary Judgment.
(Burkert − Brist, Monica),(ps) (Entered: 03/03/2017)

03/03/2017

40 Response to Proposed Findings of Fact filed by Defendants Baird, Howell, Millard,
Andrea Nelson, Br. Neumaier, Veiter re: 26 Motion for Summary Judgment. (Burkert
− Brist, Monica),(ps) (Entered: 03/03/2017)

03/03/2017

41 Certificate of Service by Defendants Baird, Howell, Millard, Andrea Nelson, Br.
Neumaier, Veiter. (Burkert − Brist, Monica),(ps) (Entered: 03/03/2017)

07/24/2017

42 ORDER denying 37 Motion for Assistance in Recruiting Counsel; granting 26 Motion
for Summary Judgment and dismissing this case without prejudice for plaintiff's
failure to exhaust his administrative remedies. The clerk of court is directed to enter
judgment accordingly. Signed by District Judge Barbara B. Crabb on 7/24/2017.
(jef),(ps) (Entered: 07/24/2017)

07/24/2017

43 JUDGMENT entered in favor of defendants dismissing the case. Signed by Peter A.
Oppeneer, Clerk of Court on 7/24/2017. (jef),(ps) (Entered: 07/24/2017)

08/03/2017

44 Motion for Reconsideration re 42 Order on Motion for Summary Judgment, by
Plaintiff Christopher Jones. (Attachments:
# 1 DAI Policy #500.10.29 Inmate Workers Health Services,
# 2 Defendants' response to first set of interrogatories and request for production of
documents,
# 3 DAI Policy #309.55.01 Inmate Compensation Plan,
# 4 Envelope) (jef),(ps) (Entered: 08/03/2017)

08/03/2017

Set Briefing Deadlines as to Plaintiff's 44 Motion for Reconsideration re 42 Order.
Defendants' Brief in Opposition due 8/18/2017. Plaintiff's Brief in Reply due
8/28/2017. (jef),(ps) (Entered: 08/03/2017)

08/03/2017

45 NOTICE OF APPEAL by Plaintiff Christopher Jones as to 43 Judgment. In forma
pauperis requested. No Docketing Statement filed. (jef),(ps) Modified text on 8/3/2017
(jef). (Entered: 08/03/2017)

08/03/2017

46 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Christopher
Jones. (jef),(ps) (Entered: 08/03/2017)

08/03/2017

47 Prisoner Trust Fund Account Statement by Plaintiff Christopher Jones. (Attachments:
# 1 IPP Calculation) (jef),(ps) (Entered: 08/03/2017)

08/03/2017

48 Appeal Information Packet. (jef),(ps) (Entered: 08/03/2017)