Hole v. Utter et al
| James A Hole |
| Warden Dylan Radtke, Hannah Utter, Susan Peters, S Staeven, J. Brauer, Dr. Lauoie and John/Jane Does |
| 1:2022cv01415 |
| November 29, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Green Bay Office |
| William C Griesbach |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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Filing 57
ORDER signed by Judge William C Griesbach on 1/17/2023 denying #55 Motion to Appoint Counsel without prejudice. (cc: all counsel and mailed to pro se party with guide)(Griesbach, William)
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| Filing 56 NOTICE of Appearance by Thomas C Kallies on behalf of Susan Peters. Attorney(s) appearing: Thomas C. Kallies (Kallies, Thomas) |
| Filing 55 MOTION to Appoint Counsel by James A Hole. (Attachments: #1 Attorney Letters)(cav) |
| Filing 54 MOTION to Withdraw as Attorney by Susan Peters. (Attachments: #1 Certificate of Service)(Reid, John) |
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Filing 53
SCHEDULING ORDER signed by Judge William C Griesbach on 12/12/2022. Discovery due by 5/12/2023. Motions due by 6/12/2023. (cc: all counsel and mailed to pro se party) (Griesbach, William)
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| Filing 52 Magistrate Judge Jurisdiction Form filed by Susan Peters. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Reid, John) |
| Filing 51 Magistrate Judge Jurisdiction Form filed by James A Hole. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (mac) |
| Filing 50 Magistrate Judge Jurisdiction Form filed by Hannah Utter. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Grzebielski, Kevin) |
| Filing 49 LETTER from the clerk to plaintiff re Consent/Refusal to Magistrate Judge Dries and requesting that the consent/refusal form be filed within 21 days. (jcl) |
| Filing 48 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-00536. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
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Filing 47
ORDER that Defendant Susan Peters' motion to join defendant Hannah Utter's motion to dismiss or transfer venue (dkt. #41 ) is GRANTED. Defendants' motion to dismiss or transfer venue (dkt. #22 ) is GRANTED. This case is TRANSFERRED to the United States District Court for the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 11/28/2022. (rks),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 46 Brief in Reply by Defendant Susan Peters in Support of #41 Motion for Join Motion to Dismiss or Transfer Venue (Koch, Angeline),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 45 Brief in Opposition by Plaintiff James A. Hole re: #22 Motion to Dismiss filed by Hannah Utter. (Attachments: #1 Certificate of Service, #2 Envelope) (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 44 Certificate of Service by Defendant Susan Peters as to #40 Notice of Appearance, #42 Declaration, #41 Motion to Join #22 MOTION TO DISMISS or Transfer Venue. (Koch, Angeline),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 43 Disregard. To be refiled. E-mail sent to counsel. Modified on 10/27/2022. (lak) [Transferred from wiwd on 11/29/2022.] |
| Filing 42 Declaration of Susan Peters filed by Defendant Susan Peters re: #41 Motion to Join. (Koch, Angeline),(ps) Modified on 10/27/2022. (lak) [Transferred from wiwd on 11/29/2022.] |
| Filing 41 Motion to Join #22 MOTION TO DISMISS or Transfer Venue by Defendant Susan Peters. (Koch, Angeline),(ps) Modified on 10/27/2022. (lak) [Transferred from wiwd on 11/29/2022.] |
| Filing 40 Notice of Appearance filed by Angeline Koch for Defendant Susan Peters. (Koch, Angeline),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 39 Certificate of Service by Defendant Susan Peters as to #38 Answer. (Reid, John),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 38 ANSWER with Jury Demand by Defendant Susan Peters. (Reid, John),(ps) [Transferred from wiwd on 11/29/2022.] |
| Set Deadlines as to #22 MOTION TO DISMISS or Transfer Venue. Brief in Opposition due 11/4/2022. Brief in Reply due 11/14/2022. (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 37
** TEXT ONLY ORDER ** Defendant Susan Peters seeks leave to file her answer and affirmative defenses, which were due on October 3, 2022. (Dkt. #35 .) Discovery has not yet begun in this case and defendant Peters' responsive pleading was only seven days late. That short delay at this early stage will cause no undue prejudice to any party, and defendant Peters has acted in good faith by submitting her answer and affirmative defenses as soon as she realized the deadline had passed. The motion is GRANTED. Signed by District Judge William M. Conley on 10/12/2022. (rks),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 36 Certificate of Service by Defendant Susan Peters as to #34 Jury Demand, #33 Notice of Appearance, #35 Motion for Leave to File . (Reid, John),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 35 Motion for Leave to File by Defendant Susan Peters. (Attachments: #1 Exhibit Answer) (Reid, John),(ps) Modified on 10/12/2022: Motion granted. Answer filed as a separate entry? Electronic Filing Procedure III.C. (lak) [Transferred from wiwd on 11/29/2022.] |
| Filing 34 Demand for Trial by Jury by Defendant Susan Peters (Reid, John),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 33 Notice of Appearance filed by John J. Reid for Defendant Susan Peters. (Reid, John),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 32
** TEXT ONLY ORDER ** Plaintiff James Hole has filed a letter asking to use release account funds to pay the service fee for serving defendant Susan Peters a copy of the summons and complaint. (Dkt. #31 .) The use of inmate release account funds is governed by state law: "Prior to release, the department may authorize the disbursement of release account funds for purposes that will aid the inmate's reintegration into the community or that will reimburse the department for incarceration costs, including legal loans and restitution." Wis. Admin. Code DOC 309.466(2). Except for initial partial payments, federal courts lack "the authority to tell state officials whether and to what extent a prisoner should be able to withdraw money from his release account." Mosby v. Wommack, No. 08-cv-677, 2009 WL 2488011 (W.D. Wis. Aug. 12, 2009). Plaintiff's request is DENIED. Signed by District Judge William M. Conley on 9/30/2022. (rks),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 31 Letter Requesting Use of Release Account Funds by Plaintiff James A. Hole. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 30 Marshal Service Return Executed - Redacted re: #29 Marshal Service Return Executed. (rks),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 29 Marshal Service Return Executed re: #1 Complaint. Susan Peters served on 9/12/2022, answer due 10/3/2022. (Sealed Document) (rks),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 28
ORDER that Plaintiff James Hole's request for an entry of default against defendant Susan Peters (dkt. #26 ) is DENIED.Plaintiff's request for an extension of time (dkt. #27 ) is DENIED. Plaintiff's motion for court assistance with recruitment of counsel (dkt. #25 ) is DENIED without prejudice. Signed by District Judge William M. Conley on 9/7/2022. (rks),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 27 Letter regarding deadlines, upcoming surgery and motion for counsel by Plaintiff James A. Hole. (Attachments: #1 Envelope) (jat),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 26 Declaration for Entry of Default as to Susan Peters by Plaintiff James Hole. (Attachments: #1 Envelope) (jat),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 25 Motion for Assistance in Recruiting Counsel by Plaintiff James A. Hole. (Attachments: #1 Exhibit A- Attempted Effort to Obtain Attorney Gingras, #2 Exhibit B- Attempted Effort to Obtain Attorney Olson, #3 Envelope) (jat),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 24 ANSWER with Jury Demand by Defendant Hannah Utter. (Grzebielski, Kevin),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 23 Declaration of Alan DeGroot filed by Defendant Hannah Utter re: #22 Motion to Dismiss (Grzebielski, Kevin),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 22 MOTION TO DISMISS or Transfer Venue by Defendant Hannah Utter. (Attachments: #1 Certificate of Service) (Grzebielski, Kevin),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 21 Summons Issued as to Susan Peters. Forwarded to U.S. Marshals for service. (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 20
ORDER Directing USMS to Serve Complaint on defendant Susan Peters. Signed by Magistrate Judge Stephen L. Crocker on 7/6/2022. (jef),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 19 Acceptance of Service by DOJ on behalf of Defendant Hanna Utter. Service not accepted on behalf of Susan Peters. (Grzebielski, Kevin),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 18 Notice of Appearance filed by Kevin L Grzebielski for Defendant Hanna Utter. (Attachments: #1 Certificate of Service) (Grzebielski, Kevin),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 17 Notice of Change of Address by Plaintiff James A Hole. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 16
ORDER on Leave to Proceed: Plaintiff James Hole's motion for leave to file an amended complaint (dkt. #13 ) is GRANTED. Plaintiff granted leave to proceed against Defendants Hanna Utter, Susan Peters. Plaintiff is DENIED leave to proceed on any other claims, and defendants Dylan Radtke, S. Staeven, J. Brauer, Dr. LaVoie, and the Doe defendants are DISMISSED. Materials delivered to DOJ for acceptance of service. Signed by District Judge William M. Conley on 6/17/2022. (lam),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 15 Letter from Clerk's Office Regarding #14 Letter Requesting Status Update. (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 14 Letter Requesting Status Update by Plaintiff James A Hole. (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 13 Motion for Leave to File an Amended Complaint by Plaintiff James A Hole. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 12 Letter from James A. Hole regarding copy of his complaint has not been received. (Attachments: #1 Envelope) (kmd),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 11 Clerk's office letter response to #10 Letter Requesting Copies by Plaintiff James A Hole. (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 10 Letter Requesting Copies by Plaintiff James A Hole. (Attachments: #1 Disbursement request, #2 Envelope) (jef),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 9 Letter from Clerk's Office regarding #8 Letter requesting Status Update. (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 8 Letter Requesting Status Update by Plaintiff James A Hole. (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 7 Warden PLRA Letter. (nln),(ps) [Transferred from wiwd on 11/29/2022.] |
| Motion for In Forma Pauperis Screening. (nln),(ps) [Transferred from wiwd on 11/29/2022.] |
| Partial Filing fee received: $22.46, receipt number 34690037147. (nln),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 6
** TEXT ONLY ORDER **ORDER granting #5 Motion for Extension of Time. Initial partial filing fee due 7/23/2020. Signed by Magistrate Judge Peter A. Oppeneer on 07/02/2020. (aom),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 5 Motion for Extension of Time filed by plaintiff James Hole. (jef),(ps) (Attachment: #1 Envelope) (jef). Modified on 7/2/2020 (jef). [Transferred from wiwd on 11/29/2022.] |
| Filing 4 Notice from the Clerk regarding the Prisoner E-Filing Program (Attachments: #1 Prisoner E-Filing Information Packet) (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
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Filing 3
ORDER on ifp request: Initial partial filing fee of $ 22.46 assessed. Initial partial filing fee due 7/6/2020. Signed by Magistrate Judge Peter A. Oppeneer on 06/12/20. (aom),(ps) [Transferred from wiwd on 11/29/2022.]
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| Filing 2 Prisoner Trust Fund Account Statement by Plaintiff James A Hole (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
| Filing 1 COMPLAINT against All Defendants., filed by James A Hole. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/29/2022.] |
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