Cunningham v. Manlove et al
| Charles Cunningham |
| Belinda Shrubbe, Gail Waltz, Sumnicht, John Does, Crystal Merchant, Cheryl Jeanpierre, Nancy White, Monroe Jennings, Brian Taplin, Nancy Garcia, Dr Jeffrey Manlove, Mary Gorske and Jeffrey Manlove |
| 2:2020cv00050 |
| January 13, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Nancy Joseph |
| Prisoner: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 38 LETTER from the clerk to plaintiff re Consent/Refusal to Magistrate Judge Joseph and requesting that the consent/refusal form be filed within 21 days. (jcl) |
| Filing 37 Case transferred in from District of Wisconsin Western; Case Number 3:17-cv-00687. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Judge Lynn Adelman ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl) |
Filing 36
ORDER that Defendant Nancy Garcia's motion to dismiss or transfer venue (dkt. #29 ) is GRANTED. This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 01/10/2020. (rks),(ps) [Transferred from wiwd on 1/13/2020.]
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| Filing 35 Amended Acceptance of Service by DOJ on behalf of Defendants Nancy Garcia, Jeffrey Manlove, Brian Taplin, Nancy White. Service not accepted on behalf of Cheryl Jeanpierre. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) Modified on 1/10/2020. (lak) [Transferred from wiwd on 1/13/2020.] |
| Filing 34 Brief in Reply by Defendant Nancy Garcia in Support of #29 Motion to Dismiss or Transfer Venue (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 33 Brief in Opposition by Plaintiff Charles Cunningham re: #29 Motion to Dismiss or Transfer Venue filed by Nancy Garcia. (rks),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 32 Declaration of Nancy White filed by Defendant Nancy Garcia re: #29 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 31 Declaration of Kelly Salinas filed by Defendant Nancy Garcia re: #29 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 30 Declaration of Yana Pusich filed by Defendant Nancy Garcia re: #29 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 29 MOTION TO DISMISS or Transfer Venue by Defendant Nancy Garcia. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Set/Reset Briefing Deadlines as to #29 MOTION TO DISMISS or Transfer Venue. Plaintiff's Brief in Opposition due 1/6/2020. Defendant's Brief in Reply due 1/13/2020. (nln),(ps) [Transferred from wiwd on 1/13/2020.] |
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Filing 28
ORDER granting in part and denying in part #16 motion for leave to file a second amended complaint ; denying as moot #20 motion to stay; granting #26 motion to amend/correct answer. Plaintiff Charles Cunningham is GRANTED leave to proceed on an Eighth Amendment deliberate indifference claim against defendants Jeffrey Manlove, Nancy White, Cheryl Jeanpierre and Brian Taplin. Plaintiff is DENIED leave to proceed against the other defendants. The Wisconsin Department of Justice may have until January 9, 2020, to notify the court whether it will accept service on behalf of the newly added defendants. Signed by District Judge William M. Conley on 12/19/2019. (jef),(ps) [Transferred from wiwd on 1/13/2020.]
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| Filing 27 ANSWER to Amended Complaint by Defendant Nancy Garcia. (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 26 Motion to Amend/Correct Answer by Defendant Nancy Garcia. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 25 Letter Requesting Status Update by Plaintiff Charles Cunningham. (nln),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 24 ANSWER to Amended Complaint by Defendant Nancy Garcia. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 23 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) [Transferred from wiwd on 1/13/2020.] |
| Filing 22 Acceptance of Service by DOJ on behalf of Defendant Nancy Garcia. (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 21 Notice of Appearance filed by Eliot Michael Held for Defendant Nancy Garcia. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 20 Motion to Stay by Plaintiff Charles Cunningham. (rks),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 19 Signed copy of #16 Motion for Leave to File filed by Charles Cunningham. (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 18 Letter from Clerk's Office returning dkt. #16 for signature. (rks),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 17 AMENDED COMPLAINT / Second Supplemental Complaint against Nancy Garcia, Cheryl Jeanpierre, Jeffrey Manlove, Sumnicht, Brian Taplin, Gail Waltz, Nancy White, filed by Charles Cunningham. (Attachments: #1 Certificate of Service) (rks),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 16 Motion to File Second Supplement Complaint (see dkt. #19 for signature) by Plaintiff Charles Cunningham. (rks),(ps) [Transferred from wiwd on 1/13/2020.] |
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Filing 15
ORDER on Leave to Proceed: Plaintiff's motion to supplement pleadings (dkt. #13 ) is GRANTED. Plaintiff granted leave to proceed against Defendant Nancy Garcia. Materials delivered to DOJ for acceptance of service. Leave to proceed denied and case dismissed against Monroe Jennings, Jeffrey Manlove, Crystal Merchant, Belinda Shrubbe, Sumnicht, Brian Taplin, Gail Waltz, Nancy White, Mary Gorske and Cheryl Jeanpierre. Signed by District Judge William M. Conley on 3/15/2019. (rks),(ps) [Transferred from wiwd on 1/13/2020.]
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| Filing 14 SUPPLEMENTAL COMPLAINT against defendants filed by plaintiff Charles Cunningham. (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 13 Motion to Supplement Pleadings re: #1 Complaint by Plaintiff Charles Cunningham. (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 12 Letter from clerk's office in response to #11 Request for a Status Update by Plaintiff Charles Cunningham. (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 11 Request for a Status Update by Plaintiff Charles Cunningham. (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 10 Letter from clerk's office in response to #9 Letter Requesting Status Update and Local Rules by Plaintiff Charles Cunningham. (elc),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 9 Letter Requesting Status Update and Local Rules by Plaintiff Charles Cunningham. (elc),(ps) [Transferred from wiwd on 1/13/2020.] |
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Filing 8
ORDER denying #7 motion for use of release account funds to pay remaining amount owed on filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 11/8/2017. (nln),(ps) [Transferred from wiwd on 1/13/2020.]
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| Filing 7 Motion for use of release account funds to pay remaining amount owed on filing fee by Plaintiff Charles Cunningham. (Attachments: #1 Interview/Information Request, #2 Envelope) (nln),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 6 Warden PLRA Letter. (nln),(ps) [Transferred from wiwd on 1/13/2020.] |
| Partial Filing fee received: $85.79, receipt number 34690029911. (nln),(ps) [Transferred from wiwd on 1/13/2020.] |
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Filing 5
ORDER on ifp request: Initial partial filing fee of $ 85.79 assessed. Initial partial filing fee due 9/28/2017. Signed by Magistrate Judge Peter A. Oppeneer on 9/6/2017. (jef),(ps) [Transferred from wiwd on 1/13/2020.]
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| Filing 4 Notice from the Clerk regarding the Prisoner E-Filing Program. (Attachments: #1 Prisoner E-Filing Information Packet) (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Charles Cunningham. (Attachments: #1 IPP Calculation) (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Charles Cunningham. (Attachments: #1 Cover Letter) (jef),(ps) [Transferred from wiwd on 1/13/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Charles Cunningham. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Envelopes) (jef) [Transferred from wiwd on 1/13/2020.] |
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