Johnson v. Utter
Plaintiff: Dewhite Johnson
Defendant: Jean Lutsey, John Does 1-4, Sue Peters, Crystal Merchant, Nathan Tapio, Kathy Lemens, Jane Does 1-4 and Hannah Utter
Case Number: 2:2020cv00989
Filed: July 1, 2020
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: J P Stadtmueller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2020 Filing 45 BRIEF in Support filed by Hannah Utter re #33 MOTION for Summary Judgment on Exhaustion Grounds and Stay of Discovery, #42 MOTION to Compel, #44 MOTION to Compel Response. (Attachments: #1 Certificate of Service)(Held, Eliot)
August 12, 2020 Filing 44 MOTION to Compel by Dewhite Johnson. (Attachments: #1 Discovery)(cmb)
August 12, 2020 Filing 43 RESPONSE filed by Dewhite Johnson re #33 MOTION for Summary Judgment on Exhaustion Grounds and Stay of Discovery (cmb)
August 7, 2020 Filing 42 MOTION to Compel by Dewhite Johnson. (cmb)
August 7, 2020 Filing 41 Proposed Findings of Fact by Dewhite Johnson (cmb)
August 7, 2020 Filing 40 BRIEF in support filed by Dewhite Johnson. (cmb)
July 22, 2020 Filing 39 ANSWER to #1 Complaint, with Jury Demand Amended Complaint by Hannah Utter. (Attachments: #1 Certificate of Service)(Held, Eliot)
July 20, 2020 Filing 38 MOTION for Extension of Time and Status Update by Dewhite Johnson. (cmb)
July 10, 2020 Filing 37 MOTION for request by Dewhite Johnson. (cmb)
July 1, 2020 Filing 36 DECLARATION of Emily Davidson (Attachments: #1 Exhibit 1000 - Inmate Complaint History Report)(Held, Eliot)
July 1, 2020 Filing 35 Proposed Findings of Fact by Hannah Utter (Held, Eliot)
July 1, 2020 Filing 34 BRIEF in Support filed by Hannah Utter re #33 MOTION for Summary Judgment on Exhaustion Grounds and Stay of Discovery . (Held, Eliot)
July 1, 2020 Filing 33 MOTION for Summary Judgment on Exhaustion Grounds and Stay of Discovery by Hannah Utter. (Attachments: #1 Certificate of Service)(Held, Eliot)
July 1, 2020 Filing 32 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)(Held, Eliot)
July 1, 2020 Filing 31 Case transferred in from District of Wisconsin Western; Case Number 3:19-cv-00952. Original file certified copy of transfer order and docket sheet received.
July 1, 2020 NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl)
June 30, 2020 Opinion or Order Filing 30 ** TEXT ONLY ORDER **Defendant's unopposed motion to transfer this case to the United States District Court for the Eastern District of Wisconsin, Dkt. #26 , is GRANTED. The parties agree, and defendant's evidence shows, that venue is proper only in the Eastern District. Accordingly, this case is TRANSFERRED to the Eastern District of Wisconsin under 28 U.S.C. 1406(a). Signed by District Judge James D. Peterson on 6/30/2020. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
June 30, 2020 Filing 29 Brief in Opposition by Plaintiff Dewhite Johnson re: #26 Motion to Dismiss filed by Hannah Utter (aom),(ps) [Transferred from wiwd on 7/1/2020.]
June 24, 2020 Filing 28 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 7/1/2020.]
June 24, 2020 Filing 27 Declaration of Jodene Perttu filed by Defendant Hannah Utter re: #26 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 7/1/2020.]
June 24, 2020 Filing 26 MOTION TO DISMISS or Transfer by Defendant Hannah Utter. (Held, Eliot),(ps) [Transferred from wiwd on 7/1/2020.]
June 24, 2020 Filing 25 Acceptance of Service by DOJ on behalf of Defendant Hannah Utter. (Held, Eliot),(ps) [Transferred from wiwd on 7/1/2020.]
June 24, 2020 Filing 24 Notice of Appearance filed by Eliot M. Held for Defendant Hannah Utter. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 7/1/2020.]
June 24, 2020 Set Briefing Deadlines as to #26 MOTION TO DISMISS or Transfer. Plaintiff's Brief in Opposition due 7/8/2020. Defendant's Brief in Reply due 7/15/2020. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
June 10, 2020 Opinion or Order Filing 23 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant Hannah Utter. Leave to proceed denied and case dismissed against Kathy Lemens, Jean Lutsey, Crystal Merchant, Sue Peters, Nathan Tapio, Jane Does 1-4 and John Does 1-4. Materials delivered to DOJ for acceptance of service. Johnson's motion for assistance in recruiting counsel, Dkt. #18 , is DENIED without prejudice. Signed by District Judge James D. Peterson on 6/10/2020. (rks),(ps) [Transferred from wiwd on 7/1/2020.]
June 3, 2020 Filing 22 Letter from clerk's office in response to #21 submission from plaintiff. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
May 26, 2020 Filing 21 Request for a Status Update by Plaintiff Dewhite Johnson. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
April 13, 2020 Filing 20 Request for Docket Sheet by Plaintiff Dewhite Johnson. Clerk's office note: Requested docket sheet mailed to plaintiff. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
April 13, 2020 Filing 19 Declaration of Quentrell E. Williams filed by Plaintiff Dewhite Johnson re: #17 Proposed Amended Complaint, #18 Motion for Assistance in Recruiting Counsel. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
April 13, 2020 Filing 18 Motion for Appointment of Counsel by Plaintiff Dewhite Johnson. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
April 13, 2020 Filing 17 Proposed AMENDED COMPLAINT by Plaintiff Dewhite Johnson. (Attachments: #1 Health Service Request) (nln),(ps) [Transferred from wiwd on 7/1/2020.]
March 26, 2020 Opinion or Order Filing 16 ** TEXT ONLY ORDER **ORDER granting #15 Motion for Extension of Time. Amended Complaint due 4/30/2020. Signed by Magistrate Judge Stephen L. Crocker on 03/26/2020. (aom),(ps) [Transferred from wiwd on 7/1/2020.]
March 26, 2020 Filing 15 Motion for Extension of Time by Plaintiff Dewhite Johnson. Motions referred to Magistrate Judge Stephen L. Crocker. (aom),(ps) [Transferred from wiwd on 7/1/2020.]
March 10, 2020 Opinion or Order Filing 14 ORDER that Plaintiff Dewhite Johnson's complaint is DISMISSED without prejudice for its failure to comply with Fed. R. Civ. P. 8. Johnson may have until March 31, 2020 to file an amended complaint that clarifies his claims and complies with the rules set forth above. If Johnson does not submit an amended complaint by March 31, 2020, I will enter an order dismissing this case for failure to state a claim upon which relief may be granted. I will also issue a strike against Johnson under 28 U.S.C. 1915(g). Signed by District Judge James D. Peterson on 3/10/2020. (rks),(ps) [Transferred from wiwd on 7/1/2020.]
February 3, 2020 Filing 13 Warden PLRA Letter. (rks),(ps) [Transferred from wiwd on 7/1/2020.]
February 3, 2020 Partial Filing fee received: $1.72, receipt number 34690036284. (rks),(ps) [Transferred from wiwd on 7/1/2020.]
January 9, 2020 Opinion or Order Filing 12 ORDER directing prison officials to disburse $1.72 from plaintiff's release account for payment of the initial partial filing fee. Plaintiff's initial partial filing fee is due by January 31, 2020. If plaintiff complies with this deadline, his case will be reopened and screened on the merits. Signed by Magistrate Judge Peter A. Oppeneer on 1/9/2020. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
January 3, 2020 Filing 11 Daily Account Statements (3) by Plaintiff Dewhite Johnson. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
January 3, 2020 Filing 10 Motion to compel regarding complaint and initial partial filing fee by Plaintiff Dewhite Johnson. (jef),(ps) Modified on 1/9/2020 (jef). [Transferred from wiwd on 7/1/2020.]
January 3, 2020 Civil case terminated for plaintiff's failure to pay initial partial filing fee. No fee is owed for filing this case. (rks),(ps) [Transferred from wiwd on 7/1/2020.]
January 2, 2020 Filing 9 Letter Requesting Status Update by Plaintiff Dewhite Johnson. (Attachments: #1 Envelope) (rks),(ps) [Transferred from wiwd on 7/1/2020.]
December 9, 2019 Filing 8 Interview/Information Request re: $1.72 request filed by Plaintiff Dewhite Johnson. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
December 9, 2019 Filing 7 Motion for Consideration by Plaintiff Dewhite Johnson. (jef),(ps) [Transferred from wiwd on 7/1/2020.]
December 9, 2019 Filing 6 COMPLAINT (more legible copy of dkt. #1 ) filed by Dewhite Johnson (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 7/1/2020.]
November 19, 2019 Opinion or Order Filing 5 ORDER on ifp request: Plaintiff Dewhite Johnson assessed an initial partial filing fee of $1.72 due 12/11/2019. Signed by Magistrate Judge Peter A. Oppeneer on 11/19/2019. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
November 19, 2019 Filing 4 Clerk's office letter to plaintiff re: legibility of #1 complaint and #2 motion. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
November 19, 2019 Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Dewhite Johnson. (nln),(ps) (Additional attachment(s) added on 11/19/2019: #1 IPP Calculation) (nln). [Transferred from wiwd on 7/1/2020.]
November 19, 2019 Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Dewhite Johnson. (nln),(ps) [Transferred from wiwd on 7/1/2020.]
November 19, 2019 Filing 1 COMPLAINT against All Defendants filed by Dewhite Johnson. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: #1 Inmate Complaint History, #2 Authorization for Use and Disclosure of Protected Health Information (PHI)) (nln),(ps) [Transferred from wiwd on 7/1/2020.]

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Defendant: Jean Lutsey
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Defendant: John Does 1-4
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Defendant: Sue Peters
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Defendant: Crystal Merchant
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Defendant: Nathan Tapio
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Defendant: Kathy Lemens
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Defendant: Jane Does 1-4
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Defendant: Hannah Utter
Represented By: Eliot M Held
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Plaintiff: Dewhite Johnson
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