Smith v. Eckstein et al
| Antonio Marques Smith |
| Scott Eckstein, Steve Schueler, John Kind, Captain Baumann, Captain Stevens, Sgt Siagon and John and Jane Does |
| 2:2017cv00667 |
| May 11, 2017 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Brown |
| Pamela Pepper |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
106
ORDER signed by Chief Judge Pamela Pepper on 1/31/2024. If Court of Appeals were to remand case under FRCP 62.1, the court would be inclined to grant plaintiff's motion for reconsideration, vacate dismissal order, allow defendant to file reply in support of motion for summary judgment and resolve motion for summary judgment when fully briefed. (cc: all counsel and mailed to Antonio Smith at Waupun Correctional Institution)(cb)
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Filing
85
ORDER signed by Chief Judge Pamela Pepper on 9/14/2023. 83 Plaintiff's motion for reconsideration DENIED; plaintiff's motion to join DENIED; plaintiff's motion to file amended complaint DENIED. 82 Plaintiff's motion to stay su mmary judgment deadlines DENIED. Plaintiff must file response to defendant's motion for summary judgment by end of day 10/13/2023; failure to file response by deadline means the court will consider the motion as unopposed, without input from plaintiff. (cc: all counsel and mailed to Antonio Smith at Waupun Correctional Institution)(cb)
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Filing
78
ORDER signed by Chief Judge Pamela Pepper on 6/8/2023. 69 Plaintiff's motion to appoint counsel DENIED WITHOUT PREJUDICE. 69 Plaintiff's motion to stay proceedings DENIED AS MOOT. 74 Plaintiff's motion to withdraw motion for prel iminary injunction GRANTED; 69 plaintiff's motion for preliminary injunction WITHDRAWN. 71 Plaintiff's motion for copy of all filings on docket GRANTED IN PART; defendant to provide plaintiff with copy of all filings by end of day 6/21/ 2023. 71 Plaintiff's motion for defendant to produce complete copy of discovery GRANTED; defendant to provide plaintiff complete copy of discovery by end of day 6/21/2023. Plaintiff's response to defendant's motion for summary judgme nt due by end of day 7/28/2023; failure to file by deadline will result in the court treating motion as unopposed, without input from plaintiff. (cc: all counsel and mailed to Antonio Smith at Waupun Correctional Institution)(cb) (Main Document 78 replaced on 6/8/2023 to reflect that plaintiff is now at Waupun) (cb).
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Filing
62
ORDER signed by Chief Judge Pamela Pepper on 9/27/2022 GRANTING 57 defendant's motion for partial summary judgment. Parties may conduct discovery and litigate only on the issue of the defendant's alleged interception of the plaintiff's outgoing letter to his criminal defense lawyer. (cc: all counsel and mailed to Antonio Smith at Wisconsin Secure Program Facility)(cb)
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Filing
54
ORDER signed by Chief Judge Pamela Pepper on 5/24/2022. 53 Plaintiff's motion for screening of 4th amended complaint GRANTED; plaintiff may proceed on First Amendment claim against defendant. Defendant to file responsive pleading to 4th amended complaint within 30 days. (cc: all counsel and mailed to Antonio Smith at Wisconsin Secure Program Facility)(cb)
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Filing
51
ORDER signed by Chief Judge Pamela Pepper on 9/17/2021. 35 Defendants' motion for judgment on the pleadings GRANTED as to access-to-court claims against all defendants, DENIED as to First Amendment Claim against defendant Stevens at this time. If plaintiff wishes to proceed on First Amendment claim against Stevens, he must file amended complaint by end of day 10/15/2021; failure to file by deadline will result in dismissal. Defendants Radtke, Timm, Heil, Pollard DISMISSED. (cc: all counsel and mailed to Antonio Smith at Wisconsin Secure Program Facility-with blank amended complaint form)(cb)
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Filing
39
ORDER signed by Chief Judge Pamela Pepper on 11/9/2020. 30 Plaintiff's motion for reconsideration DENIED. 37 Plaintiff's motion to stay discovery and dispositive motions deadlines DENIED. (cc: all counsel and mailed to Antonio Smith at Wisconsin Secure Program Facility)(cb)
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Filing
24
ORDER signed by Chief Judge Pamela Pepper on 7/13/2020. 22 Plaintiff's motion to amend complaint GRANTED. Defendants Wisconsin DOC, Officer Linssen, Ryan Baumann, Jay Van Lanen, Katrina Paul, Daniel Cushing, Andrew Wickman, Stacey Tilot, Sgt. Cygan, Cathy Jess, Security Chief of Division of Adult Institutions, Cynthia Radtke, Brian Foster, Sarah Cooper, Anthony Meli, Francois, Scott Eckstein, John Kind, Steve Schueler, William Swiekatowski, Karl Hayes, David Dalland DISMISSED. Defendants Christopher Stevens, Chris Heil, William Pollard, Capt. Timm and Dylon Radtke to file responsive pleading to amended complaint. Parties may not begin discovery until the court enters scheduling order setting deadlines for discovery and dispositive motions. (cc: all counsel, via mail to Antonio Smith at Wisconsin Secure Program Facility)(cb)
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Filing
11
ORDER signed by Judge Pamela Pepper on 6/13/2018. 6 Plaintiff's MOTION for Leave to Proceed Without Prepayment of the Filing Fee GRANTED; agency having custody of plaintiff to collect $332.83 balance of filing fee from plaintiff's pr ison trust account under 28 USC §1915(b)(2). 9 Plaintiff's MOTION for Temporary Restraining Order DENIED. Defendants to file responsive pleading within 60 days. Parties may not begin discovery until the court issues scheduling order setting discovery and dispositive motions deadlines. (cc: all counsel, via mail to Antonio Smith and Warden at Green Bay Correctional Institution)(cb)
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