Slater, Antwan et al v. Lerrix et al

Filing 47

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 42 Notice of Appeal (Attachments: # 1 Order being Appealed, # 2 Judgement being Appealed, # 3 Copy of Docket Sheet) (aom),(ps)

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U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:17−cv−00417−wmc Slater, Antwan et al v. Lerrix et al Assigned to: District Judge William M. Conley Referred to: Magistrate Judge Stephen L. Crocker Cause: 42:1983 Prisoner Civil Rights Date Filed: 05/30/2017 Date Terminated: 06/30/2020 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question Plaintiff Antwan Imob Slater represented by Antwan Imob Slater 471227 John C. Burke Correctional Center 900 S. Madison St. P.O. Box 900 Waupun, WI 53963−0900 PRO SE V. Defendant Correctional Officer Lerrix represented by Christopher J McElgunn Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−264−6201 Fax: 608−267−8906 Email: McElgunnCJ@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED Gesina S. Carson Wisconsin Department of Justice 17 W. Main Street P.O. Box 7857 Madison, WI 53707−7857 608−266−1672 Fax: 608−267−8906 Email: carsongs@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Lt. Anderson represented by Christopher J McElgunn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gesina S. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Capt. Pitzen represented by Christopher J McElgunn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gesina S. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Security Director Weber represented by Christopher J McElgunn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gesina S. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Warden Michael Dittman represented by Christopher J McElgunn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gesina S. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 05/30/2017 1 COMPLAINT against All Defendants, filed by Antwan Imob Slater. (Case randomly assigned to District Judge William M. Conley.) (Attachments: # 1 Cover Letter (with $4.00 check enclosed), # 2 Envelope) (nln) (Entered: 05/30/2017) 05/30/2017 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Antwan Imob Slater. (nln),(ps) (Entered: 05/30/2017) 05/30/2017 3 Prisoner Trust Fund Account Statement by Plaintiff Antwan Imob Slater. (nln),(ps) (Additional attachment(s) added on 5/30/2017: # 1 IPP Calculation) (nln). (Entered: 05/30/2017) 05/30/2017 4 ORDER on ifp request: Plaintif Antwan Imob Slater assessed an initial partial filing fee of $29.60 due 6/21/2017. Signed by Magistrate Judge Peter A. Oppeneer on 5/30/2017. (nln),(ps) (Entered: 05/30/2017) 05/30/2017 5 Letter from Clerk's Office returning $4.00 check to CCI Business Office (cc: plaintiff). (nln),(ps) (Entered: 05/30/2017) 05/30/2017 6 Notice from the Clerk regarding the Prisoner E−Filing Program. (Attachments: # 1 Prisoner E−filing Information Packet) (nln),(ps) (Entered: 05/30/2017) 06/12/2017 Partial Filing fee received : $ 29.60, receipt number 34690029144 (elc),(ps) (Entered: 06/12/2017) 06/12/2017 7 Warden PLRA Letter. (elc),(ps) (Entered: 06/12/2017) 10/01/2018 8 Notice of Change of Address to Stanley Correctional Institution, by Plaintiff Antwan Imob Slater. (Attachments: # 1 Envelope) (nln),(ps) (Entered: 10/01/2018) 06/28/2019 9 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Weber, Pitzen, Anderson, Michael Dittman, Lerrix. Leave to proceed denied and case dismissed against Jon Litscher. Materials delivered to DOJ for acceptance of service. Signed by District Judge William M. Conley on 6/28/2019. (jef),(ps) (Entered: 06/28/2019) 07/05/2019 10 Acceptance of Service by DOJ on behalf of Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (Carson, Gesina),(ps) (Entered: 07/05/2019) 07/05/2019 11 Notice of Appearance filed by Gesina S. Carson for Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (Attachments: # 1 Certificate of Service) (Carson, Gesina),(ps) (Entered: 07/05/2019) 07/08/2019 12 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: 07/08/2019) 07/08/2019 13 Notice of Appearance filed by Christopher J McElgunn for Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (McElgunn, Christopher),(ps) Modified on 7/9/2019: Certificate of Service? (lak) (Entered: 07/08/2019) 08/23/2019 14 ANSWER by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (Attachments: # 1 Exhibit A − Renumbered Complaint and Envelope, # 2 Certificate of Service) (Carson, Gesina),(ps) Modified on 8/26/2019. (lak) (Entered: 08/23/2019) 08/23/2019 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 9/25/2019 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] (nln),(ps) (Entered: 08/23/2019) 10/04/2019 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference − Pro Se held on 9/25/2019 [:20] (cak),(ps) (Entered: 10/04/2019) 10/04/2019 15 Pretrial Conference Order − Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions for Failure to Exhaust Administrative Remedies due 11/8/2019. Dispositive Motions due 6/26/2020. Rule 26(a)(3) Disclosures and all motions in limine due 12/4/2020. Objections due 12/18/2020. Telephone Final Pretrial Conference set for 1/15/2021 at 10:00 AM. Counsel for Defendants responsible for setting up the call to chambers at (608) 264−5087. Jury Selection and Trial set for 1/25/2021 at 08:30 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/1/2019. (jef),(ps) (Entered: 10/04/2019) 10/04/2019 16 ** TEXT ONLY ORDER ** At the September 25, 2019 telephonic preliminary pretrial conference, the court granted the defendant's oral motion to depose plaintiff pursuant to Rule 30(a)(2)(B). Signed by Magistrate Judge Stephen L. Crocker on 10/4/2019. (jef),(ps) (Entered: 10/04/2019) 11/08/2019 17 MOTION FOR SUMMARY JUDGMENT for Plaintiff's Failure to Exhaust Administrative Remedies by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (Attachments: # 1 Certificate of Service) (McElgunn, Christopher),(ps) (Entered: 11/08/2019) 11/08/2019 18 Brief in Support of 17 Motion for Summary Judgment, by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber (McElgunn, Christopher),(ps) (Entered: 11/08/2019) 11/08/2019 19 Proposed Findings of Fact filed by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber re: 17 Motion for Summary Judgment, (McElgunn, Christopher),(ps) (Entered: 11/08/2019) 11/08/2019 20 Declaration of Emily Davidson filed by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber re: 17 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1000− Inmate Complaint History Report, # 2 Exhibit 1001− CCI−2016−28526, # 3 Exhibit 1002− CCI−2016−28749) (McElgunn, Christopher),(ps) (Entered: 11/08/2019) 11/08/2019 11/08/2019 21 Declaration of Kimberly Murphy filed by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber re: 17 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1003− Conduct Report 2730282) (McElgunn, Christopher),(ps) (Entered: 11/08/2019) Set Briefing Deadlines as to 17 MOTION FOR SUMMARY JUDGMENT for Plaintiff's Failure to Exhaust Administrative Remedies. [Pro Se Summary Judgment Procedure for Cases Assigned to Judge Conley attached.] Plaintiff's Brief in Opposition due 12/9/2019. Brief in Reply due 12/19/2019. (nln),(ps) (Entered: 11/08/2019) 12/02/2019 22 Motion for Extension of Time by Plaintiff Antwan Imob Slater. (Attachments: # 1 Envelope) (nln),(ps) (Entered: 12/02/2019) 12/02/2019 23 ** TEXT ONLY ORDER ** ORDER granting 22 motion for extension of time to file response to defendants' 17 motion for summary judgment for plaintiff's failure to exhaust administrative remedies. Plaintiff's Brief in Opposition due 12/30/2019. Defendants' Brief in Reply due 1/9/2020. Signed by Magistrate Judge Stephen L. Crocker on 12/02/2019. (nln),(ps) (Entered: 12/02/2019) 01/06/2020 24 Brief in Opposition by Plaintiff Antwan Imob Slater re: 17 Motion for Summary Judgment, filed by Pitzen, Anderson, Michael Dittman, Weber, Lerrix. (Attachments: # 1 Certificate of Service, # 2 Envelope) (nln),(ps) (Entered: 01/06/2020) 01/06/2020 25 Response to Proposed Findings of Fact filed by Plaintiff Antwan Imob Slater re: 17 Motion for Summary Judgment. (nln),(ps) (Entered: 01/06/2020) 01/06/2020 26 Declaration of Antwan Slater in Support of 24 Brief in Opposition to 17 MOTION FOR SUMMARY JUDGMENT for Plaintiff's Failure to Exhaust Administrative Remedies. (Attachments: # 1 Exhibit 1 − Notice of Inmate Placed in Temporary Lockup, # 2 Exhibit 2 − Adult Conduct Report, # 3 Exhibit 3 − Letter to Disciplinary Committee/Officer from Cordell Peetz, Advocate dated 10/12/16, # 4 Exhibit 4 − Major Disciplinary Hearing Reasons for Decision and Evidence Relied On, # 5 Exhibit 5 − Appeal of a Contested Hearing, # 6 Exhibit 6 − Major Disciplinary Hearing Reasons for Decision and Evidence Relied On, # 7 Exhibit 7 − Information Request, # 8 Exhibit 8 − ICE Rejection Complaint Number CCI−2016−28526) (nln),(ps) (Entered: 01/06/2020) 01/06/2020 Reset Briefing Deadlines as to 17 MOTION FOR SUMMARY JUDGMENT for Plaintiff's Failure to Exhaust Administrative Remedies. Defendants' Brief in Reply due 1/16/2020. (nln),(ps) (Entered: 01/06/2020) 01/16/2020 27 Disregard. Modified on 1/16/2020. (kwf) (Entered: 01/16/2020) 01/16/2020 28 Disregard. Modified on 1/16/2020. (kwf) (Entered: 01/16/2020) 01/16/2020 29 Brief in Reply by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber in Support of 17 Motion for Summary Judgment, (Attachments: # 1 Certificate of Service) (McElgunn, Christopher),(ps) (Entered: 01/16/2020) 01/16/2020 30 Reply in Support of Proposed Findings of Fact filed by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber re: 17 Motion for Summary Judgment, (McElgunn, Christopher),(ps) (Entered: 01/16/2020) 05/01/2020 31 Notice of Change of Address to John Burke Correctional Center, by Plaintiff Antwan Imob Slater. (Attachments: # 1 Envelope) (nln),(ps) (Entered: 05/01/2020) 06/10/2020 32 Motion to Stay Dispositive Motion Deadline by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber. (Attachments: # 1 Certificate of Service) (McElgunn, Christopher),(ps) (Entered: 06/10/2020) 06/11/2020 33 ** TEXT ONLY ORDER ** ORDER granting 32 Motion to Stay Dispositive Motion Deadline. Signed by Magistrate Judge Stephen L. Crocker on 6/11/2020. (nln),(ps) (Entered: 06/11/2020) 06/12/2020 34 Expert Witness Disclosures by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber (Attachments: # 1 Certificate of Service) (McElgunn, Christopher),(ps) (Entered: 06/12/2020) 06/30/2020 35 ORDER granting 17 Motion for Summary Judgment. Plaintiff's claims in this lawsuit are DISMISSED without prejudice. Signed by District Judge William M. Conley on 6/30/2020. (jef),(ps) (Entered: 06/30/2020) 06/30/2020 36 JUDGMENT entered in favor of defendants dismissing this case without prejudice. (jef),(ps) (Entered: 06/30/2020) 07/27/2020 37 Motion to Alter or Amend Judgment by Plaintiff Antwan Imob Slater. (Attachments: # 1 Certificate of Service, # 2 Envelope) (aom),(ps) (Entered: 07/27/2020) 07/27/2020 Set/Reset Deadlines as to 37 Motion to Alter or Amend Judgment. Defendant's Brief in Opposition due 8/17/2020. Plaintiff's Brief in Reply due 8/27/2020. (aom),(ps) (Entered: 07/27/2020) 08/17/2020 38 Brief in Opposition by Defendants Anderson, Michael Dittman, Lerrix, Pitzen, Weber re: 37 Motion to Alter or Amend Judgment filed by Antwan Imob Slater (Attachments: # 1 Certificate of Service) (McElgunn, Christopher),(ps) (Entered: 08/17/2020) 08/27/2020 39 Brief in Reply by Plaintiff Antwan Imob Slater in Support of 37 Motion to Alter or Amend Judgment (Attachments: # 1 Envelope) (aom),(ps) (Entered: 08/27/2020) 03/01/2021 40 ORDER denying 37 Plaintiff's Motion to Alter or Amend Judgment. Signed by District Judge William M. Conley on 3/1/2021. (lam),(ps) (Entered: 03/01/2021) 03/19/2021 41 Letter Requesting In Forma Pauperis Appeal Forms by Plaintiff Antwan Imob Slater. IFP Forms Mailed. (Attachments: # 1 Envelope) (aom),(ps) (Entered: 03/19/2021) 03/31/2021 42 NOTICE OF APPEAL by Plaintiff Antwan Imob Slater as to 35 Order on Motion for Summary Judgment, 36 Judgment. $505 fee or motion for ifp due. Docketing Statement filed. (Attachments: # 1 Envelope) (aom),(ps) (Entered: 03/31/2021) 03/31/2021 43 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Antwan Imob Slater. (aom),(ps) (Entered: 03/31/2021) 03/31/2021 44 Prisoner Trust Fund Account Statement by Plaintiff Antwan Imob Slater (Attachments: # 1 IPP Calculation) (aom),(ps) (Entered: 03/31/2021) 03/31/2021 45 Declaration of Inmate Filing by Antwan Slater re 44 Prisoner Trust Fund Account Statement, 42 Notice of Appeal, 43 Motion for Leave to Proceed in forma pauperis on Appeal (aom),(ps) (Entered: 03/31/2021) 03/31/2021 46 Appeal Information Packet. (aom),(ps) (Entered: 03/31/2021)

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