Martinez v. Gonzales et al
| Francisco Martinez |
| Brown County Sheriff Department Jail Division and Health Services Unit (HSU), Jane Doe #1, Melissa Barker, John Doe 1, John Doe 2, Jane Doe #2, Jame Doe #3, Todd Delain, Jane Doe #3, Avan Gonzales, Rebecca Warren, Emily Blozinski, Kenechi Anuligo, Nathan Thompson and LaDonne Salentine |
| 1:2023cv00371 |
| March 22, 2023 |
| US District Court for the Eastern District of Wisconsin |
| William C Griesbach |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 39
TRANSMIT Second Amended Complaint, Order, Notice, Waiver and Magistrate Form to the US Marshals for service upon Defendants Gonzales, Warren, Blonzinski and Thompson. (lh)
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Filing 38
SCREENING ORDER signed by Judge William C. Griesbach on 5/3/23. Melissa Barker, LaDonne Salentine and Kenechi Anuligo are DISMISSED from this action. Martinex's #36 Motion to appoint counsel is DENIED without prejudice. The US Marshals shall serve a copy of the #35 second amended complaint upon Avan Gonzalez, Rebecca Warren, Nathan Thompson and Emily Blozinski pursuant to Federal Rule of Civil Procedure 4. (cc: all counsel and mailed to pro se party with guide)(Griesbach, William)
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Filing 37
REQUEST to Proceed IFP in the Eastern District of Wisconsin by Francisco Martinez. (kwf)
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Filing 36
MOTION to Appoint Counsel by Francisco Martinez. (kwf)
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Filing 35
AMENDED COMPLAINT with Jury Demand against Avan Gonzales, Rebecca Warren, Melissa Barker, Emily Blozinski, Kenechi Anuligo, Nathan Thompson, and LaDonne Salentine filed by Francisco Martinez. (kwf)
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Filing 34
NOTICE of Change of Address by Francisco Martinez to FCI Oxford - Satellite Camp. Address updated on the docket. (kwf)
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Filing 33
DECISION AND ORDER signed by Judge William C Griesbach on April 5, 2023. The court orders if Sheriff Delain has not already provided Martinez with the medical and jail records Martinez needs to learn the names of the individuals who treated (or failed to treat) his hand, Sheriff Delain is ordered to do so by April 27, 2023. Martinez must file an amended complaint identifying the Doe Defendants by May 30, 2023. (cc: all counsel and mailed to pro se party along with #9 Amended Complaint, and an Amended Complaint form)(Griesbach, William)
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Filing 32
Case transferred in from District of Wisconsin Western; Case Number 3:21-cv-00013. Original file certified copy of transfer order and docket sheet received.
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NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl)
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Filing 31
** TEXT ONLY ORDER ** At the March 21, 2023 telephonic preliminary pretrial conference, the defendants, by counsel, reported that they do not oppose plaintiff's motion to transfer this case to the Eastern District of Wisconsin's Green Bay Division (dkt. #30 ), a move they had suggested back in November, 2022 (but then did not file a motion). The court agrees that this case belongs in Green Bay. Accordingly, plaintiff's motion is GRANTED. The Clerk of Court is directed to transfer this case to the Eastern District of Wisconsin's Green Bay Division. Signed by Magistrate Judge Stephen L. Crocker on 3/21/2023. (rks),(ps) [Transferred from wiwd on 3/22/2023.]
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 3/21/2023 [:15] (cak),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 30
MOTION TO TRANSFER to Eastern District of Wisconsin by Plaintiff Francisco Martinez. (Attachments: #1 Envelope) (rks),(ps) [Transferred from wiwd on 3/22/2023.]
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Re-Set Telephone Pretrial Conference at the request of FCI-Oxford: The Telephone Pretrial Conference is rescheduled to 3/21/2023 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Plaintiff's institution at FCI-Oxford will contact the court at (608) 264-5153. Once plaintiff's call has been received, the court will then include counsel for defendants in the conference call. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 29
** TEXT ONLY ORDER ** Plaintiff Francisco Martinez filed a motion for appointment of counsel. (Dkt. #28 .) But this court does not appoint counsel in civil cases; instead, in its discretion, the court may choose to recruit pro bono counsel for a pro se litigant in certain limited circumstances, if the legal and factual difficulties of this case exceed the pro se litigant's abilities. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Martinez has shown that he made reasonable efforts to recruit an attorney on his own, and he says that he needs an attorney because this case is complex, and he has limited access to legal resources because of his incarceration. But Martinez has not explained what tasks he cannot complete. At this point in this lawsuit, the parties are to be working together to identify the Doe defendants, and the parties are considering whether to seek leave to transfer this case. Martinez has not shown that he cannot complete these tasks without an attorney. Accordingly, Martinez's motion is DENIED. The denial will be without prejudice to his renewing it, if he shows exactly what tasks related to this lawsuit he cannot complete without an attorney. Signed by District Judge William M. Conley on 2/24/2023. (rks),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 28
Motion for the Appointment of Counsel by Plaintiff Francisco Martinez. (Attachments: #1 Letter from ACLU of WI Foundation, The Jeff Scott Olson Law Firm, S.C., and First, Albrecht and Blondis, S.C., #2 Envelope) (rks),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 27
Notice of Change of Address by Plaintiff Francisco Martinez. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 26
** TEXT ONLY ORDER ** On November 16, 2022, the court began another telephonic preliminary pretrial conference that again devolved into a telephonic status conference. First, plaintiff reported that he has been transferred to the federal camp at Oxford and will not have his property for several months. As a result, the court directed plaintiff to send his new address to the court so that the court and counsel for the defendants can reach him. Then we reset the telephonic preliminary pretrial conference for March 17, 2023 at 1:00 p.m. As we discussed, the parties will continue to engage in Doe discovery between now and then. Second, both sets of defendants, by counsel, reported that they intend to file motions to transfer this case to the federal court sitting in Green Bay, in the Eastern District of Wisconsin. Plaintiff responded that he does not oppose transfer. This court will wait to act until it receives either a motion or a stipulation to transfer. The parties had no other matters to bring to the court's attention. Signed by Magistrate Judge Stephen L. Crocker on 11/16/2022. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 25
** TEXT ONLY ORDER ** Plaintiff Francisco Martinez filed a motion to extend the time to learn the identity of the Doe defendant and accomplish service. (Dkt. #23 .) The motion is DENIED as unnecessary. Martinez is proceeding in forma pauperis, so it is not his obligation to serve the Doe defendant. See 28 U.S.C. 1915(d). Still, Martinez remains responsible for identifying the Doe defendant in this lawsuit and amending his complaint to include that defendant. It appears that Martinez is attempting to do so and is waiting for a response to his discovery requests about the Doe defendant. This case will remain open and will not be subject to dismissal because Martinez has not yet learned their identities. However, so that this case does not languish, the court of court is directed to set this matter for a status conference in November of 2022, to determine next steps. Signed by District Judge William M. Conley on 9/27/2022. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 11/16/2022 at 01:00 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] (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 24
Letter from plaintiff requesting to proceed ifp and correction of address. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 23
Motion for Extension of Time for Service by Plaintiff Francisco Martinez. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 22
Marshal Service Return Executed. (jls),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 21
Certificate of Service by Defendant Todd Delain. (Doyle, Amy),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 20
Waiver of Service Returned Executed by Defendant Todd Delain. Todd Delain waiver sent on 8/22/2022, answer due 10/21/2022. (Doyle, Amy),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 19
Notice of Appearance filed by Amy J. Doyle for Defendant Todd Delain. (Doyle, Amy),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 18
Letter from plaintiff notifying the court of compliance with the court's order dated July 15, 2022. (Attachments: #1 First set of interrogatories to defendant Melissa Barker, #2 Second set of interrogatories to defendant Melissa Barker, #3 First request for production of documents, #4 Envelope) (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 17
Summons Issued as to Todd Delain. Forwarded to the U.S. Marshals for service. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 16
ORDER that Brown County Jail Sheriff Todd Delain is added as a nominal defendant for purposes of accomplishing service and conducting discovery regarding the identities of the Doe defendants. Signed by District Judge William M. Conley on 7/19/2022. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 15
** TEXT ONLY ORDER **On July 15, 2022, the court began but did not finish a telephonic preliminary pretrial conference. Plaintiff appeared pro se. Defendant Melissa Barker, a contract health services employee assigned to the Brown County Jail, appeared by Attorney Paul Pytlik. No attorney appeared on behalf of the jailers or other defendants employed by Brown County because they all are Doe defendants, so none of them has been served. In order to remedy this, the court will enter a supplemental leave to proceed order that names the Brown County Sheriff as a nominal defendant so that Doe discovery can be served to identify the actual defendants. In the meantime, plaintiff may serve his Doe discovery regarding HSU third-party employees on Attorney Pytlik. The court then explained to plaintiff how this court handles requests for volunteer attorneys and how plaintiff could file a request. We will reconvene the telephonic preliminary pretrial conference after the Sheriff has appeared by counsel. Signed by Magistrate Judge Stephen L. Crocker on 7/15/2022. (lam),(ps) [Transferred from wiwd on 3/22/2023.]
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Re-Set Telephone Pretrial or Status Conference to accommodate the institution: The Telephone Pretrial Conference is rescheduled to 7/15/2022 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. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 6/9/2022 at 02:00 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] (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 14
Notice of Appearance filed by Paul J. Pytlik for Defendant Melissa. (Attachments: #1 Certificate of Service) (Pytlik, Paul),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 13
ANSWER by Defendant Melissa. (Pytlik, Paul),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 12
Marshals Service / Waiver of Service Returned Executed by Defendant Melissa. Melissa waiver sent on 3/9/2022, answer due 5/9/2022. (jef),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 11
Summons Issued as to Melissa. Summons and a copy of the complaint forwarded to USM for service. (Attachments: #1 USM - 285) (kmd),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 10
ORDER on Leave to Proceed: Plaintiff Francisco Martinez is GRANTED leave to proceed on a Fourteenth Amendment due process clause claim against defendants Jane Doe #1, John Doe #1, HSU employee Melissa, John Doe #2, and Jane Doe #2. Plaintiff is DENIED leave to proceed on any other claim, and Jane Doe #3 is DISMISSED. The clerk's office will prepare a summons and the U.S. Marshal Service shall effect service upon defendant Brown County Jail HSU employee Melissa. Summons will not issue for the Doe defendants until plaintiff learns the identities of these defendants and amends his complaint accordingly. Signed by District Judge William M. Conley on 1/13/2022. (kmd),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 9
Proposed Amended Complaint by Plaintiff Francisco Martinez. (Attachments: #1 Cover Letter, #2 Envelope) (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 8
ORDER on Leave to Proceed: Plaintiff Francisco Martinez's complaint is DISMISSED without prejudice for failure to identify a proper defendant and to satisfy the requirements of Federal Rule of Civil Procedure 8. Plaintiff has until December 1, 2021, to file an amended complaint that corrects the deficiencies described above. Plaintiff's failure to file an amended complaint by that deadline will cause this court to dismiss his claims with prejudice for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). Signed by District Judge William M. Conley on 11/17/2021. (kmd),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 7
Letter from the Clerk's Office in response to dkt. #6 letter from plaintiff requesting status update. (kmd),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 6
Letter Requesting Status Update by Plaintiff Francisco Martinez. (Attachments: #1 Envelope) (kmd),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 5
Warden PLRA Letter. (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Partial Filing fee received : $ 41.67, receipt number 34690038198 (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 41.67 assessed. Initial partial filing fee due 2/1/2021. Signed by Magistrate Judge Peter A. Oppeneer on 01/11/21. (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 3
Prisoner Trust Fund Account Statement by Plaintiff Francisco Martinez (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 2
Motion for Leave to Proceed in forma pauperis by Plaintiff Francisco Martinez. (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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Filing 1
COMPLAINT against All Defendants., filed by Francisco Martinez. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 3/22/2023.]
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