Foley v. Zabel et al
| David P Foley |
| Scott Paul, Sgt. Grill, Sgt. Zabble, Brad Hompe, Mr. M. Patton, Sgt Lyyski, Sgt. Mastericola, Deputy Warden Krueger, Sgt. Cromboss, Gerard Spores, Warden Hepp, Sgt. Lingle, George Cooper, C O'Donnell, J Bovee, Roxanne Lyyski, Amy Mastricola, Jason Zabel and Jason Lingle |
| 2:2020cv00576 |
| April 8, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Lynn Adelman |
| William E Duffin |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 40
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 5/4/2020. Discovery due by 9/8/2020. Dispositive Motions due by 10/8/2020. (cc: all counsel - via US Mail to Plaintiff with Pro Se and Prisoner guides)(lz)
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Filing 39
ORDER REASSIGNING CASE ON CONSENT signed by Judge Lynn Adelman on 5/1/20. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge Lynn Adelman no longer assigned to case. (cc: all counsel, plaintiff)(jad)
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| Filing 38 Magistrate Judge Jurisdiction Form filed by Lingle, Lyyski, Mastericola, Scott Paul, Zabble. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Remington, Jennifer) |
| Filing 37 Magistrate Judge Jurisdiction Form filed by David P Foley. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (bx) |
| Filing 36 REQUEST by David P Foley for information. (Attachments: #1 Envelope)(bx) |
| Filing 35 LETTER from the clerk to plaintiff re Consent/Refusal to Magistrate Judge Duffin and requesting that the consent/refusal form be filed within 21 days. (jcl) |
| Filing 34 Case transferred in from District of Wisconsin Western; Case Number 3:17-cv-00384. 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 Duffin to be filed within 21 days;the consent/refusal form is available on our website (jcl) |
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Filing 33
ORDER that Defendants Zabble, Paul, Lyyski, Mastericola and Lingle's motion to dismiss or transfer (dkt. [19[) is GRANTED.This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 4/6/2020. (rks),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 32 Brief in Reply by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble in Support of #19 Motion to Dismiss (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 31 Brief in Opposition by Plaintiff David P. Foley re: #19 Motion to Dismiss filed by Scott Paul, Zabble, Lingle, Lyyski, Mastericola. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 30 Declaration of Julie Dahm filed by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble re: #19 Motion to Dismiss (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 29 Declaration of Amy Mastricola filed by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble re: #19 Motion to Dismiss (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 28 Declaration of Roxanne Lyyski filed by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble re: #19 Motion to Dismiss (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 27 Declaration of Jason Lingle filed by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble re: #19 Motion to Dismiss (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 26 Supplement to #19 Motion to Dismiss filed by Scott Paul, Zabble, Lingle, Lyyski, Mastericola (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 25 ANSWER to Amended Complaint by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble. (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 24 Brief in Reply by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble in Support of #19 Motion to Dismiss (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
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Filing 23
ORDER that Defendants Zabble, Paul, Lyyski, Mastericola and Lingle have until March 18, 2020, to supplement their motion to dismiss or transfer with evidence related to their residencies within Wisconsin. Signed by District Judge William M. Conley on 3/4/2020. (rks),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 22 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 4/8/2020.] |
| Filing 21 Acceptance of Service by DOJ on behalf of Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble. (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 20 Notice of Appearance filed by Jennifer Renee Remington for Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble. (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 19 MOTION TO DISMISS or Transfer Venue by Defendants Lingle, Lyyski, Mastericola, Scott Paul, Zabble. (Attachments: #1 Certificate of Service) (Remington, Jennifer),(ps) [Transferred from wiwd on 4/8/2020.] |
| Set Briefing Deadlines as to #19 MOTION TO DISMISS or Transfer Venue. Plaintiff's Brief in Opposition due 2/18/2020. Defendants' Brief in Reply due 2/25/2020. (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
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Filing 18
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Zabble, Lyyski, Mastericola, Scott Paul, Lingle. Leave to proceed denied and case dismissed against Cromboss, Grill, Hepp, Brad Hompe, Krueger, C. O'Donnell, M. Patton, Gerard Spores, J. Bovee and George Cooper. Materials delivered to DOJ for acceptance of service. Signed by District Judge William M. Conley on 01/08/2020. (rks),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 17 Letter Requesting Docket Sheet and a copy of the warden letter by Plaintiff David P. Foley. (Attachments: #1 Envelope) (jef),(ps) Mailed courtesy copies of the docket sheet and warden letter to plaintiff per his request. (jef) [Transferred from wiwd on 4/8/2020.] |
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Filing 16
** TEXT ONLY ORDER **Plaintiff David Foley has filed a motion seeking to amend his complaint. (Dkt. #9 .) At this stage, Fed. R. Civ. P. 15(a) does not require plaintiff to seek leave of court to amend his complaint, so the motion is GRANTED. As such, the court will take plaintiff's First Amended Complaint (dkt. #10 ) under advisement for purposes of screening. Signed by District Judge William M. Conley on 3/16/2018. (jef),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 15 Letter from clerk's office in response to #13 Declaration for Entry of Default and #14 Letter from plaintiff requesting scheduling order, docket sheet and file stamped copy of motion/declaration for entry of default. (elc),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 14 Letter from plaintiff requesting scheduling order, docket sheet and file stamped copy of motion/declaration for entry of default. (elc),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 13 Declaration for Entry of Default by Plaintiff David P. Foley. (Attachments: #1 Envelope) (elc),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 12 Letter from clerk's office in response to #11 Letter Requesting Docket Sheet and Pro Se Guide for Litigants Without a Lawyer. (elc),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 11 Letter Requesting Docket Sheet and Pro Se Guide for Litigants Without a Lawyer by Plaintiff David P. Foley. (Attachments: #1 Envelope) (elc),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 10 FIRST AMENDED COMPLAINT filed by David P. Foley. (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 9 Motion to Amend Complaint by Plaintiff David P. Foley. (Attachments: #1 Cover Letter, #2 Envelope) (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 8 Warden PLRA Letter. (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
| Partial Filing fee received: $2.15, receipt number 34690029087. (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
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Filing 7
ORDER that prison officials are directed to disburse $2.15 from plaintiff's release account for payment of the initial partial fee in this case. Plaintiff's initial partial payment is due by June 22, 2017. Signed by Magistrate Judge Peter A. Oppeneer on 6/1/2017. (nln),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 6 Letter from Plaintiff David P. Foley requesting court order directing prison officials to disburse $2.15 initial partial payment from plaintiff's release account funds. (Attachments: #1 Inmate Complaint, #2 May 25, 2017, letter from Ms. Polk, Financial Program Supervisor re: Legal Loan Application, #3 Interview / Information Requests, #4 Disbursement Request, #5 Envelope) (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 5 Certification as to Three or More Dismissals Under Wis. Stat. 801.02(7)(d) filed by David P. Foley (Attachments: #1 Envelope) (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
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Filing 4
ORDER on ifp request: Plaintiff David Foley assessed an initial partial filing fee of $2.15 due 6/8/2017. Signed by Magistrate Judge Peter A. Oppeneer on 5/17/2017. (nln),(ps) [Transferred from wiwd on 4/8/2020.]
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff David P. Foley. (Attachments: #1 Envelope) (nln),(ps) (Additional attachment(s) added on 5/17/2017: #2 IPP Calculation) (nln). [Transferred from wiwd on 4/8/2020.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff David P. Foley. (nln),(ps) [Transferred from wiwd on 4/8/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by David P. Foley. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Cover Letter and Envelope) (nln) [Transferred from wiwd on 4/8/2020.] |
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