Christopher Swanson v. Waupun Correctional Institution
| Christopher Swanson |
| Does HSU Staff, Doe HSU Manager, Waupun Correctional Institution, Nancy White and Nancy Garcia |
| 2:2020cv01675 |
| November 5, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Brett Ludwig |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 35
TEXT ONLY ORDER by Judge Lynn Adelman on 12/29/20 that the clerk's office shall reassign this case to United States District Judge Brett H. Ludwig; Case reassigned to Judge Brett Ludwig for all further proceedings; Judge Lynn Adelman no longer assigned to case; Case no longer referred to Magistrate Judge William E Duffin. (cc: all counsel and mailed to pro se party)(vkb)
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Filing 34
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 12/10/2020. For the reasons stated therein and good cause shown the court GRANTS the defendants' motion to extend time to file a motion for summary judgment on exhaustion grounds (ECF No #33 ). The court VACATES the deadline to file a motion for summary judgment on exhaustion grounds. The court will set a new deadline after the John and Jane Doe defendants are identified. (cc: all counsel and mailed to pro se Plaintiff)(lz)
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Filing 33
MOTION for Extension of Time to File Motion for Summary Judgment on Exhaustion Grounds by Nancy Garcia, Nancy White. (Attachments: #1 Certificate of Service)(Malchow, Catherine)
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Filing 32
Magistrate Judge Jurisdiction Form filed by Nancy Garcia, Nancy White. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Malchow, Catherine)
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Filing 31
Magistrate Judge Jurisdiction Form filed by Christopher Swanson. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (jcl)
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Filing 30
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 11/10/2020. The plaintiff Christopher Swanson shall identify the names of the John and Jane Does defendants by 2/10/2021. Parties must serve their discovery requests by a date sufficiently early so that discovery is completed no later than April 12, 2021. Parties may file motions for summary judgment on the merits, together with supporting materials, no later than May 12, 2021. (cc: all counsel and mailed to pro se party)(mlm)
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Filing 29
ORDER REFERRING CASE to Magistrate Judge William E Duffin for Pretrial Handling signed by Judge Lynn Adelman on 11/8/20. (cc: all counsel and mailed to pro se party)(jad)
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Filing 28
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)
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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 #here. (jcl)
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Filing 27
Case transferred in from District of Wisconsin Western; Case Number 3:19-cv-00899. Original file certified copy of transfer order and docket sheet received.
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Filing 26
** TEXT ONLY ORDER ** Defendants' unopposed motion to transfer this case to the United States District Court for the Eastern District of Wisconsin, Dkt. #23 , is GRANTED. Defendants' 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 Barbara B. Crabb on 11/5/2020. (lam),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 25
Declaration of Jocelyn Schoeneck filed by Defendants Nancy Garcia, Nancy White re: #23 Motion to Dismiss (Malchow, Catherine),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 24
Declaration of Nancy White filed by Defendants Nancy Garcia, Nancy White re: #23 Motion to Dismiss (Malchow, Catherine),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 23
MOTION TO DISMISS or Transfer Venue by Defendants Nancy Garcia, Nancy White. (Malchow, Catherine),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 22
ANSWER by Defendants Nancy Garcia, Nancy White. (Attachments: #1 Certificate of Service) (Malchow, Catherine),(ps) [Transferred from wiwd on 11/5/2020.]
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Set/Reset Briefing Deadlines as to #23 MOTION TO DISMISS or Transfer Venue. Plaintiff's Brief in Opposition due 10/13/2020. Defendants' Brief in Reply due 10/20/2020. (nln),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 21
Notice that for the remainder of this lawsuit, with respect to the defendants the Wisconsin Department of Justice has accepted service for, plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Department. (nln),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 20
Notice of Appearance filed by Catherine Rita Malchow for Defendants Nancy Garcia, Nancy White. (Attachments: #1 Certificate of Service) (Malchow, Catherine),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 19
Acceptance of Service by DOJ on behalf of Defendants Nancy Garcia, Nancy White. Service not accepted on behalf of John/Jane Does. (Rakvic-Farr, Laure),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 18
Notice of Appearance filed by Laure C. Rakvic-Farr for Defendants Nancy Garcia, Nancy White. (Attachments: #1 Certificate of Service) (Rakvic-Farr, Laure),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 17
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Nancy White, Nancy Garcia, Doe HSU Manager, and Does HSU Staff. Leave to proceed denied and case dismissed against Waupun Correctional Institution. Materials delivered to DOJ for acceptance of service. Plaintiff's motion for assistance in recruiting counsel, dkt. #15 , is denied. Signed by District Judge Barbara B. Crabb on 7/31/2020. (rks),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 16
Letter / Response to #11 , 13 Order by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 15
Motion for Assistance in Recruiting Counsel by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 14
Response to Order #11 Order Dismissing Complaint - Pro Se, by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 13
** TEXT ONLY ORDER **Plaintiff's request for an extension of his May 26 deadline to file an amended complaint is granted in part: his new deadline is June 16, 2020. Three months ago, on February 25, 2020, this court explained to plaintiff how to write a proper complaint. See dkt. #9 . On March 13, 2020, plaintiff submitted a proposed amended complaint that was an improvement, but it still did not explain what the named defendants actually had done. See dkt. #10 . On May 5, 2020, the court dismissed this proposed complaint and explained that "plaintiff must provide enough facts about what each individual defendant did or did not do so that the court, and defendants, know why plaintiff believes they violated his constitutional rights." See dkt. #11 . This is something that plaintiff should be capable of doing without extensive research; in any event, plaintiff has not explained how exactly SCI's response to the pandemic has made this very challenging for him. Even so, the court will give plaintiff three more weeks to focus his thoughts and commit them to paper. Plaintiff must work diligently to meet his new deadline because it is past time to get this case moving forward. It is unlikely that the court will give plaintiff another extension. Signed by Magistrate Judge Stephen L. Crocker on 5/26/2020. (nln),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 12
Motion for Extension of Time by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (nln),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 11
ORDER that plaintiff Christopher Swanson's amended complaint is DISMISSED without prejudice for its failure to comply with Rule 8 of the Federal Rules of Civil Procedure. Plaintiff may have until May 26, 2020 to file an amended complaint. Signed by District Judge Barbara B. Crabb on 5/5/2020. (rks),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 10
Motion to Amend #1 Complaint, by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 9
ORDER dismissing #1 Complaint pursuant to Fed. R. Civ. P. 8. Amended complaint due 3/16/2020. Signed by District Judge Barbara B. Crabb on 2/25/2020. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 8
Warden PLRA Letter. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Partial Filing fee received: $ 35.29, receipt number 34690036009. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 7
ORDER on ifp request: Initial partial filing fee of $ 35.29 assessed. Initial partial filing fee due 12/23/2019. Signed by Magistrate Judge Peter A. Oppeneer on 12/2/2019. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 6
Prisoner Trust Fund Account Statement by Plaintiff Christopher Swanson. (Attachments: #1 Envelope) (jef),(ps) (Additional attachment(s) added on 12/2/2019: #2 IPP Calculation) (jef). [Transferred from wiwd on 11/5/2020.]
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Filing 5
** TEXT ONLY ORDER ** On November 5, 2019, I entered an order giving plaintiff Christopher Swanson a deadline of November 26, 2019 to submit a certified copy of his trust fund account statement for the period beginning approximately May 1, 2019 and ending approximately October 31, 2019. The order was returned undelivered because it was mailed to the wrong address. Accordingly, plaintiff may have an extension of time, to December 16, 2019 to submit his six-month trust account statement. If by December 16, plaintiff fails to respond to this text order or show cause for his failure to do so, plaintiff will be held to have withdrawn this case voluntarily and the case will be closed without prejudice. Signed by Magistrate Judge Peter A. Oppeneer on 11/22/2019. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 4
Mail Returned as Undeliverable re #3 Order. Mail re-sent to Christopher Swanson at corrected address at Stanley Correctional Institution. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 3
ORDER on ifp request: Trust Fund Account Statement due 11/26/2019. Signed by Magistrate Judge Peter A. Oppeneer on 11/5/2019. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 2
Motion for Leave to Proceed in forma pauperis by Plaintiff Christopher Swanson. (jef),(ps) [Transferred from wiwd on 11/5/2020.]
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Filing 1
COMPLAINT against Waupun Correctional Institution, filed by Christopher Swanson. (Case randomly assigned to District Judge Barbara B. Crabb.) (jef),(ps) (Additional attachment(s) added on 11/4/2019: #1 Medical related documents, #2 Interview/information requests, health service requests, other WI DOC documents, #3 Cover page, #4 Envelope) (jef). [Transferred from wiwd on 11/5/2020.]
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