Covington, Reo v. Litscher, Jon et al

Filing 78

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 76 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket sheet) (jef),(ps)

AG, APPEAL, CLOSED, IFP_APPEAL, PRO_SE,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16−cv−00217−wmc
Internal Use Only
Covington, Reo v. Wisconsin Department of Corrections
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/06/2016
Date Terminated: 03/12/2018
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Reo L. Covington

represented by Reo L. Covington
#533457
Oshkosh Correctional Institution
1730 West Snell Rd.
P.O. Box 3310
Oshkosh, WI 54903−3530
PRO SE

V.
Defendant
Jon F. Litscher
WDOC − Secretary
TERMINATED: 12/09/2016

Defendant
Mark Heise
BOCM − Director
TERMINATED: 12/09/2016
Defendant
Paul Kemper
RCI − Warden
TERMINATED: 12/09/2016
Defendant
Gerald Konitzer
BOCM − Sector Chief
TERMINATED: 12/09/2016
Defendant
K. Marks
BOCM −Classification Specialist at RCI
TERMINATED: 12/09/2016
Defendant
Judy Smith
TERMINATED: 12/09/2016

represented by Corey Francis Finkelmeyer
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707−7857
(608) 266−7342
Fax: (608) 267−8906
Email: [e-mail]
TERMINATED: 12/14/2016
LEAD ATTORNEY

Defendant
Dr. Shallcross
TERMINATED: 12/09/2016
Defendant
Wisconsin Department of Corrections

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 12/14/2016
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]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Karl R. Hanson
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707−7857
608−266−1852
Email: [e-mail]
TERMINATED: 02/08/2018

E−filing Institution
OSCI Prison Facility
Date Filed

#

Docket Text

04/06/2016

1 COMPLAINT against All Defendants, filed by Reo L. Covington. (Case
non−randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Envelope) (jef) (Entered: 04/06/2016)

04/06/2016

2 Motion for Assistance in Recruiting Counsel by Plaintiff Reo L. Covington. (jef),(ps)
(Entered: 04/06/2016)

04/08/2016

3 ORDER that plaintiff is to submit fee or a motion for ifp and Trust Fund Account
Statement by 4/29/2016. Signed by Magistrate Judge Peter A. Oppeneer on 4/8/2016.
(jef),(ps) (Entered: 04/08/2016)

05/06/2016

4 Motion for Leave to Proceed in forma pauperis by Plaintiff Reo L. Covington.
(Attachments:
# 1 Cover Letter and Envelope) (nln),(ps) (Entered: 05/06/2016)

05/06/2016

5 Prisoner Trust Fund Account Statement by Plaintiff Reo L. Covington. (nln),(ps)
(Additional attachment(s) added on 5/6/2016:
# 1 IPP Calculation) (nln). (Entered: 05/06/2016)

05/12/2016

6 Memorandum in Support of 1 Complaint, filed by Plaintiff Reo L. Covington. Note:
Declaration of Reo L. Covington referenced in cover letter, was not enclosed with this
submission. (Attachments:
# 1 Exhibit P−001 − Administrative Review of Initial Classification or
Re−Classification Decision,
# 2 Exhibit P−002 − Computation,
# 3 Cover Letter,
# 4 Envelope) (nln),(ps) (Entered: 05/12/2016)

05/13/2016

7 Declaration of Reo L. Covington. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 05/13/2016)

05/13/2016

8 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Reo L. Covington.
(nln),(ps) (Entered: 05/13/2016)

05/13/2016

9 Motion for the Appointment of Counsel, by Plaintiff Reo L. Covington. (nln),(ps)
(Entered: 05/13/2016)

05/13/2016

10 AMENDED COMPLAINT by Plaintiff Reo L. Covington. (nln),(ps) Operative
pleading per dkt. 21 order entered on 9/26/2016 (jef). (Entered: 05/13/2016)

05/13/2016

11 Letter from Clerk's Office in response to 4 cover letter from plaintiff Reo L.
Covington. (nln),(ps) (Entered: 05/13/2016)

05/17/2016

12 ORDER on ifp request: Initial partial filing fee of $ 17.27 assessed. Initial partial filing
fee due 6/1/2016. Plaintiff's request to stay and hold abeyance the screening process so
that he may file a motion to amend the complaint is DENIED as moot. Signed by
Magistrate Judge Peter A. Oppeneer on 5/17/2016. (jef),(ps) (Entered: 05/17/2016)

05/26/2016

13 Motion to Move to Another Institution by Plaintiff Reo L. Covington. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 05/26/2016)

05/26/2016

14 Declaration of John Kephart filed by Plaintiff Reo L. Covington re: 13 Motion to
Move to Another Institution, 8 Motion for Preliminary Injunction. (elc),(ps) (Entered:
05/26/2016)

05/26/2016

15 Declaration of Michael Johnson filed by Plaintiff Reo L. Covington re: 13 Motion to
Move to Another Institution, 8 Motion for Preliminary Injunction. (elc),(ps) (Entered:
05/26/2016)

05/31/2016

Partial Filing fee received: $17.27, receipt number 34690026116. (nln),(ps) (Entered:
05/31/2016)

05/31/2016

16 Warden PLRA Letter. (nln),(ps) (Entered: 05/31/2016)

08/19/2016

17 Motion to Supplement/Clarify 1 Complaint by Plaintiff Reo L. Covington.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/19/2016)

09/19/2016

18 Motion for Emergency Injunctive Relief or Restraining Order by Plaintiff Reo L.
Covington. (Attachments:
# 1 Exhibit − Interview/Information Request,
# 2 Envelope) (elc),(ps) (Entered: 09/19/2016)

09/26/2016

19 Motion for Preliminary Injunction and Restraining Order by Plaintiff Reo L.
Covington. (Attachments:
# 1 Proposed order,
# 2 Envelope) (jef),(ps) (Entered: 09/26/2016)

09/26/2016

20 Declaration of Reo L. Covington re: 19 Motion for Preliminary Injunction and
Restraining Order. (jef),(ps) (Entered: 09/26/2016)

09/26/2016

21 ORDER granting plaintiff's 10 , 17 motions to amend his complaint, denying plaintiff's
8 , 13 , 18 motions for preliminary injunctive relief, denying plaintiff's 2 , 9 motions
for assistance in recruiting counsel.
Plaintiff's response to order due October 11, 2016. If plaintiff fails to respond to this
order in any way by October 18, 2016, the court will enter an order dismissing the
lawsuit as it presently exists without prejudice for his failure to prosecute.
Signed by District Judge William M. Conley on 9/26/2016. (jef),(ps) Per footnote on
pg. 1, dkt. 10 is the operative pleading. (jef). (Entered: 09/26/2016)

09/28/2016

22 Letter from plaintiff dated 9/25/2016 regarding current situation and requesting help.
(Attachments:
# 1 Disbursement request,
# 2 Envelope) (jef),(ps) (Entered: 09/28/2016)

10/03/2016

23 Response to 21 Order by Plaintiff Reo L. Covington. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/03/2016)

10/05/2016

24 MOTION FOR PRELIMINARY INJUNCTION and Temporary Restraining Order by
Plaintiff Reo L. Covington. (Attachments:
# 1 Proposed Order,
# 2 Envelope) (elc),(ps) (Entered: 10/05/2016)

11/14/2016

25 Letter Requesting Status Update by Plaintiff Reo L. Covington. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 11/14/2016)

11/16/2016

26 Clerks Office Response to 25 Letter Requesting Status Update by Plaintiff Reo L.
Covington. (jef),(ps) (Entered: 11/16/2016)

11/21/2016

27 Memorandum in Support of Plaintiff's Pleadings re: 1 Complaint, 10 Amended
Complaint and 17 Motion to Clarify filed by Reo L. Covington. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 11/21/2016)

12/09/2016

28 ORDER on Leave to Proceed: Plaintiff granted leave to proceed in Lawsuit #1 against
Defendant Wisconsin Department of Corrections. The claims listed as Lawsuit #2 will
proceed as case number 16−cv−817−wmc. The claims listed as Lawsuit #3 are
DISMISSED without prejudice. Plaintiff's motion for a preliminary injunction (dkt. #
24 ) is DENIED. Materials delivered to DOJ for acceptance of service. Signed by
District Judge William M. Conley on 12/9/2016. (jef),(ps) (Entered: 12/09/2016)

12/14/2016

29 Notice of Appearance filed by Katherine D. Spitz for Defendant Wisconsin
Department of Corrections, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 12/14/2016)

12/14/2016

30 Acceptance of Service by DOJ on behalf of Defendant Wisconsin Department of
Corrections. (Spitz, Katherine),(ps) (Entered: 12/14/2016)

12/14/2016

31 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: 12/14/2016)

01/17/2017

32 ANSWER by Defendant Wisconsin Department of Corrections, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 01/17/2017)

01/17/2017

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 2/8/2017 at
02:30 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:
01/17/2017)

02/09/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 2/8/2017 [:20] (cak),(ps)
(Entered: 02/09/2017)

02/14/2017

33 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative
Remedies due 3/24/2017. Dispositive Motions due 9/15/2017. Rule 26(a)(3)
Disclosures and all motions in limine: due 3/16/2018. Objections due 3/30/2018. Final
Pretrial Conference set for 4/9/2018 at 08:30 AM. Jury Selection and Trial set for
4/9/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 2/13/2017.
(jef),(ps) (Entered: 02/14/2017)

03/01/2017

34 Motion (see dkt. 36 for signature) for Assistance in Recruiting Counsel by Plaintiff
Reo L. Covington. (Attachments:
# 1 Letters,
# 2 Letters,
# 3 Cover Letter,
# 4 Envelopes) (jef). Modified on 3/8/2017 (jef). (Entered: 03/01/2017)

03/01/2017

35 Letter from Clerk's Office returning the dkt. 34 motion to plaintiff for a signature.
(jef),(ps) (Entered: 03/01/2017)

03/08/2017

36 Signed copy of 34 Motion for Assistance in Recruiting Counsel filed by Reo L.
Covington (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 03/08/2017)

06/13/2017

37 Request for Production of Documents by Plaintiff Reo L. Covington. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 06/13/2017)

06/13/2017

38 Declaration of Reo L. Covington re 37 Request for Production of Documents.
(elc),(ps) (Entered: 06/13/2017)

06/13/2017

39 Letter Requesting List of Pro Bono Attorneys and Docket Sheets by Plaintiff Reo L.
Covington. (elc),(ps) (Entered: 06/13/2017)

06/13/2017

40 Notice from the Clerk regarding the Prisoner E−Filing Program (Attachments:
# 1 Prisoner E−Filing Information Packet) (elc),(ps) (Entered: 06/13/2017)

06/13/2017

41 Notice regarding Discovery. (elc),(ps) (Entered: 06/13/2017)

06/13/2017

42 Letter from clerk's office in response to plaintiff's Letter Requesting List of Pro Bono
Attorneys and Docket Sheets. (elc),(ps) (Entered: 06/13/2017)

07/20/2017

43 MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Reo L.
Covington. (jef),(ps) (Entered: 07/20/2017)

07/20/2017

44 Brief in Support of 43 Motion for Partial Summary Judgment by Plaintiff Reo L.
Covington. (jef),(ps) (Entered: 07/20/2017)

07/20/2017

45 Proposed Findings of Fact filed by Plaintiff Reo L. Covington re: 43 Motion for Partial
Summary Judgment. (jef),(ps) (Entered: 07/20/2017)

07/20/2017

46 Declaration of Reo L. Covington re: 43 Motion for Partial Summary Judgment.
(jef),(ps) (Entered: 07/20/2017)

07/20/2017

47 Verification of Documents / Affidavit filed by Plaintiff Reo L. Covington re: 43
Motion for Partial Summary Judgment. (Attachments:
# 1 Bates Documents Nos. 1−97,
# 2 WRC − Treatment Learning Plans,
# 3 Dkt. no. 10 (Exhibit A − motion to amend civil complaint),
# 4 Response to Plaintiff's 1st Set of Interrogatories,
# 5 Response to Plaintiff's 2nd of Interrogatories,
# 6 Response to Plaintiff's 1st Request For Admissions,
# 7 Response to Plaintiff's 2nd Request For Admissions,
# 8 Exhibits P−003, P−004, P−005) (jef),(ps) (Entered: 07/20/2017)

07/20/2017

Set Briefing Deadlines as to Plaintiff Reo Covington's 43 MOTION FOR PARTIAL
SUMMARY JUDGMENT. [Pro Se Summary Judgment Procedure for Cases Assigned
to Judge Conley attached.] Defendant's Brief in Opposition due 8/21/2017. Plaintiff's
Brief in Reply due 8/31/2017. (jef),(ps) (Entered: 07/20/2017)

08/21/2017

48 MOTION FOR SUMMARY JUDGMENT by Defendant Wisconsin Department of
Corrections, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 08/21/2017)

08/21/2017

49 Combined Brief in Opposition by Defendant Wisconsin Department of Corrections re:
43 Motion for Partial Summary Judgment filed by Reo L. Covington and Brief in
Support of 48 Motion for Summary Judgment filed by Wisconsin Department of
Corrections. (Spitz, Katherine),(ps) Modified on 8/21/2017 (nln). (Entered:
08/21/2017)

08/21/2017

50 Proposed Findings of Fact filed by Defendant Wisconsin Department of Corrections
re: 48 Motion for Summary Judgment. (Spitz, Katherine),(ps) (Entered: 08/21/2017)

08/21/2017

51 Response to Proposed Findings of Fact filed by Defendant Wisconsin Department of
Corrections re: 43 Motion for Partial Summary Judgment. (Spitz, Katherine),(ps)
Modified on 8/22/2017: Linked to the correct motion. (lak) (Entered: 08/21/2017)

08/21/2017

52 Declaration of Kimberly Marks filed by Defendant Wisconsin Department of
Corrections re: 48 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1000 − DAI Policy 300.00.12 ERP,
# 2 Exhibit 1001 − MICA Brochure,
# 3 Exhibit 1002 − DAI Policy500.70.23 Dual Diagnosis Referrals,
# 4 Exhibit 1003 − 2002CF0913 Unredacted Judgment of Conviction,

# 5 Exhibit 1004 − 2002CF0032 Unredacted Judgment of Conviction,
# 6 Exhibit 1005 − Unredacted Classification Report 2015,
# 7 Exhibit 1006 − Administrative Review,
# 8 Exhibit 1007 − Classification Report 2017) (Spitz, Katherine),(ps) Modified on
8/22/2017: Numerous exhibits are unredacted. (lak) (Entered: 08/21/2017)
08/21/2017

Set Briefing Deadlines as to 48 MOTION FOR SUMMARY JUDGMENT. [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Conley attached.]
Plaintiff's Brief in Opposition due 9/20/2017. Defendant's Brief in Reply due
10/2/2017. (nln),(ps) (Entered: 08/21/2017)

08/21/2017

53 Declaration for Entry of Default filed by Plaintiff Reo L. Covington. (nln),(ps)
(Entered: 08/21/2017)

08/25/2017

54 Motion for leave to amend/supplement civil complaint by Plaintiff Reo L. Covington.
(elc),(ps) (Entered: 08/25/2017)

08/31/2017

55 Motion for Assistance in Recruiting Counsel by Plaintiff Reo L. Covington.
(Attachments:
# 1 Cover Letter) (jef),(ps) (Entered: 08/31/2017)

09/06/2017

56 Third Request for Production of Additional Documents by Plaintiff Reo L. Covington.
(jef),(ps) Modified text on 9/6/2017 (jef). (Entered: 09/06/2017)

09/06/2017

57 Letter from clerk's office in response to dkt. 56 Plaintiff's Third Request for Production
of Additional Documents. (jef),(ps) (Entered: 09/06/2017)

09/08/2017

58 Motion to stay deadline for plaintiff's response to defendant's motion for summary
judgment by Plaintiff Reo L. Covington. (jef),(ps) (Entered: 09/08/2017)

09/08/2017

59 Motion to Compel by Plaintiff Reo L. Covington. (jef),(ps) (Entered: 09/08/2017)

09/08/2017

Set Briefing Deadlines as to 58 Motion to stay deadline for plaintiff's response to
defendant's motion for summary judgment, 59 Motion to Compel. Defendant's Brief in
Opposition due 9/18/2017. Plaintiff's Brief in Reply due 9/25/2017. (jef),(ps) (Entered:
09/08/2017)

09/11/2017

60 Disregard − Replaced by dkt. 61 . Modified on 9/12/2017 (elc). (Entered: 09/11/2017)

09/11/2017

61 Notice by Defendant Wisconsin Department of Corrections of Substitution of Counsel.
(Hanson, Karl),(ps) Modified on 9/12/2017: See 60 for the Certificate of Service. (lak)
(Entered: 09/11/2017)

09/15/2017

62 Brief in Opposition by Defendant Wisconsin Department of Corrections re: 59 Motion
to Compel filed by Reo L. Covington, 58 Motion for Extension of Time filed by Reo
L. Covington, (Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 09/15/2017)

09/19/2017

63 Third Request for Production of Additional Documents by Plaintiff Reo L. Covington.
(jef),(ps) Duplicate of dkt. 56 . (jef) (Entered: 09/19/2017)

09/27/2017

64 Brief in Reply by Plaintiff Reo L. Covington in Support of 43 Motion for Partial
Summary Judgment and Brief in Opposition to 48 Motion for Summary Judgment.
(nln),(ps) (Entered: 09/27/2017)

09/27/2017

65 Response to Proposed Findings of Fact filed by Plaintiff Reo L. Covington re: 48
Motion for Summary Judgment. (Attachments:
# 1 Exhibit P−003 − Inmate Classification Report,
# 2 Exhibit P−012A−K − Escapee/Violator (ES), Inmate Classification Reports,
Release/Transfer Summary (RTS)−DOC, Treatment Learning Plan (TLP),
# 3 Exhibit P−013 − Wis. Stat. 973.15,
# 4 Exhibit P−100 − Notification of Sentence Data,
# 5 Exhibit P−101 − Inmate Classification Report) (nln),(ps) (Entered: 09/27/2017)

09/27/2017

Reset Briefing Deadlines as to 48 MOTION FOR SUMMARY JUDGMENT .
Defendants' Brief in Reply due 10/10/2017. (nln),(ps) (Entered: 09/27/2017)

10/10/2017

66 Brief in Reply by Defendant Wisconsin Department of Corrections in Support of 48
Motion for Summary Judgment, (Attachments:

# 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 10/10/2017)
10/10/2017

67 Reply in Support of Proposed Findings of Fact filed by Defendant Wisconsin
Department of Corrections re: 48 Motion for Summary Judgment. (Spitz,
Katherine),(ps) (Entered: 10/10/2017)

11/22/2017

68 Supplement to Plaintiff's 1 Complaint and Proposed Findings of Fact and Reply to
Defendant's 48 Motion for Summary Judgment and Request for Counsel to be
Reconsidered by Plaintiff Reo L. Covington. (Attachments:
# 1 DOC 98−157 − Inmate classification reports, job list, other documents) (jef),(ps)
See dkt. 70 for signed copy of submission. (jef). (Entered: 11/22/2017)

11/22/2017

69 Letter from Clerk's Office returning 68 submission from plaintiff for signature.
(jef),(ps) (Entered: 11/22/2017)

11/30/2017

70 Signed copy of 68 Supplement to Plaintiff's 1 Complaint and Proposed Findings of
Fact and Reply to Defendant's 48 Motion for Summary Judgment and Request for
Counsel to be Reconsidered, filed by Reo L. Covington. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 11/30/2017)

01/18/2018

71 Letter Requesting Status Update by Plaintiff Reo L. Covington. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 01/18/2018)

01/18/2018

72 Letter from clerk's office in response to 71 Letter Requesting Status Update by
Plaintiff Reo L. Covington. (elc),(ps) (Entered: 01/18/2018)

02/08/2018

73 Notice by Defendant Wisconsin Department of Corrections of Substitution,
(Attachments:
# 1 Certificate of Service) (Spitz, Katherine),(ps) Modified on 2/9/2018: Typo. (lak)
(Entered: 02/08/2018)

03/12/2018

74 ORDER denying plaintiff Reo Covington's motions (dkts. ## 34 , 53 , 54 , 55 , 58 , 59
, 68 ). Plaintiff's motion for partial summary judgment (dkt. # 43 ) is DENIED.
Defendant's motion for summary judgment (dkt. # 48 ) is GRANTED. Signed by
District Judge William M. Conley on 3/12/2018. (jef),(ps) (Entered: 03/12/2018)

03/12/2018

75 JUDGMENT entered in favor of Defendants dismissing the case. Signed by Peter A.
Oppeneer, Clerk of Court on 3/12/2018. (jef),(ps) (Entered: 03/12/2018)

04/09/2018

76 NOTICE OF APPEAL by Plaintiff Reo L. Covington as to 74 , 75 Judgment. Fee or
motion for leave to proceed in forma pauperis due. No Docketing Statement filed.
(jef),(ps) (Entered: 04/09/2018)

04/09/2018

77 Appeal Information Packet. (jef),(ps) (Entered: 04/09/2018)