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)
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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