McGee v. Pontow et al
| Jackie McGee |
| Kevin Carr, Cindy O'Donnell, M Meisner, April Schultz, Brad Hompe, L Bartow, Sergeant Pontow, Sergeant Rasmussen, CO Cousineau and CO Edger |
| 2:2021cv01184 |
| October 13, 2021 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Nancy Joseph |
| Brett H Ludwig |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER signed by Magistrate Judge Nancy Joseph on 11/18/2021. IT IS HEREBY THEREFORE ORDERED that McGee's motion to withdraw consent to magistrate judge jurisdiction (ECF No. #37 ) is GRANTED. IT IS FURTHER ORDERED that this case be reassigned to a District Court judge for further proceedings. (cc: all counsel and mailed to pro se party)(rcm)
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| Case reassigned to Judge Brett H Ludwig. Magistrate Judge Nancy Joseph no longer assigned to the case. (rcm) |
| Filing 37 REQUEST MOTION to Withdraw Consent to Magistrate Judge Jurisdiction Consent Withdrawn for Jurisdiction by US Magistrate Judge by Jackie McGee. (rcm) Modified on 11/12/2021 (rcm). Modified on 11/15/2021 (rcm). |
| Filing 36 MOTION to Appoint Counsel by Jackie McGee. (rcm) |
| Filing 35 Magistrate Judge Jurisdiction Form filed by Jackie McGee. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (rcm) |
| Consent to Magistrate Judge Jurisdiction (rcm) |
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Filing 34
SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 10/20/2021. Discovery due by 3/21/2022, Motions re Exhaustion due 12/20/2021, Motions re Merits due by 4/19/2022. (cc: all counsel and mailed to pro se party)(rcm)
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| Filing 33 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Rakvic-Farr, Laure) |
| Filing 32 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 31 Case transferred in from District of Wisconsin Western; Case Number 3:21-cv-00204. Original file certified copy of transfer order and docket sheet received. |
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Filing 30
ORDER that defendants' motion to dismiss or transfer this case to the Eastern District of Wisconsin, dkt. #19 , is GRANTED. This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge Barbara B. Crabb on 10/13/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.]
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| NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
| Filing 29 Amended Motion for Appointment of Counsel by Plaintiff Jackie McGee. (Attachments: #1 Letter from Henak Law Office, #2 Envelope) (aom),(ps) [Transferred from wiwd on 10/13/2021.] Modified on 10/13/2021 (rcm). |
| Filing 28 Brief in Opposition by Plaintiff Jackie McGee re: #19 MOTION TO DISMISS or Transfer Venue filed by Edger, Rasmussen, Pontow, Cousine au (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
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Filing 27
** TEXT ONLY ORDER ** Plaintiff has asked for a 30-day extension of his deadline to respond to defendant's motion to dismiss or transfer this case to the Eastern District of Wisconsin, asserting that the institution is on lock down and he needs more time to do research to respond to the motion. Dkt. #22 . Plaintiff's request is granted, but only in part: I will allow him an extra week, or until October 12, 2021, to respond to the motion. Contrary to plaintiff's assertion, the questions presented by defendants' motion - whether any of the defendants reside in this district or any of the events in the complaint occurred in this district - are not complex and they require very little legal research. With diligence, plaintiff should be able to respond to the motion in two weeks. As for his accompanying request for counsel, dkt. #23 , the court will take no action on that motion until it determines whether the case will remain in this district. Signed by Magistrate Judge Stephen L. Crocker on 9/28/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.]
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| Filing 26 Contacted Attorneys for Representation by Plaintiff Jackie McGee. (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 25 Affidavit of Jackie McGee filed by Plaintiff Jackie McGee re: #23 Motion for Appointment of Counsel (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 24 Memorandum of Law in Support of #23 Motion for Appointment of Counsel by Plaintiff Jackie McGee (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 23 Motion for Appointment of Counsel by Plaintiff Jackie McGee. (aom),(ps) [Transferred from wiwd on 10/13/2021.] Modified on 10/13/2021 (rcm). |
| Filing 22 Motion for Extension of Time by Plaintiff Jackie McGee. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
| Set Deadlines as to #19 MOTION TO DISMISS or Transfer Venue. Plaintiff's Brief in Opposition due 10/5/2021. Defendants' Brief in Reply due 10/15/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 21 Notice of Appearance Amended filed by Laure C. Rakvic-Farr for Defendants Cousine au, Edger, Pontow, Rasmussen. (Rakvic-Farr, Laure),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 20 Declaration of Colin R. Stroud filed by Defendants Cousine au, Edger, Pontow, Rasmussen re: #19 Motion to Dismiss (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 19 MOTION TO DISMISS or Transfer Venue by Defendants Cousine au, Edger, Pontow, Rasmussen. (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 18 ANSWER with Jury Demand by Defendants Cousine au, Edger, Pontow, Rasmussen. (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 17 Acceptance of Service by DOJ on behalf of Defendants Cousine au, Edger, Pontow, Rasmussen. (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 16 Notice of Appearance Amended filed by Colin Ritchey Stroud for Defendants Cousine au, Edger, Pontow, Rasmussen. (Attachments: #1 Certificate of Service) (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 15 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. (jef),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 14 Notice of Appearance filed by Colin Ritchey Stroud for Defendants Cousine au, Edger, Pontow, Rasmussen. (Attachments: #1 Certificate of Service) (Stroud, Colin),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 13 Acceptance of Service by DOJ on behalf of Defendants Cousine au, Edger, Pontow, Rasmussen. (Rakvic-Farr, Laure),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 12 Notice of Appearance filed by Laure C. Rakvic-Farr for Defendants Cousine au, Edger, Pontow, Rasmussen. (Attachments: #1 Certificate of Service) (Rakvic-Farr, Laure),(ps) [Transferred from wiwd on 10/13/2021.] |
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Filing 11
ORDER on Leave to Proceed: Plaintiff Jackie McGee is GRANTED leave to proceed on his claim that defendants Pontow, Rasmussen, Cousineau and Edger violated his rights under the Eighth Amendment and the equal protection clause by failing to take reasonable steps to prevent him from contracting COVID-19 while he was working as a custodian on a COVID-19 isolation unit. Plaintiff is DENIED leave to proceed on any other claim. Defendants L. Bartow, M. Meisner, Brad Hompe, Cindy O'Donnell, Kevin Carr and April Schultz are DISMISSED. Materials delivered to DOJ for acceptance of service. Signed by District Judge Barbara B. Crabb on 7/15/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.]
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| Filing 10 Warden PLRA Letter. (kmd),(ps) [Transferred from wiwd on 10/13/2021.] |
| Partial Filing fee received: $92.55, receipt number 34690038938. (kmd),(ps) [Transferred from wiwd on 10/13/2021.] |
| Motion for In Forma Pauperis Screening. (kmd),(ps) [Transferred from wiwd on 10/13/2021.] |
| Filing 8 Amended Document by Plaintiff Jackie McGee. Amendment to #6 Motion to Reopen Case. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 10/13/2021.] |
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Filing 7
ORDER that plaintiff may have until June 14, 2021, to pay the Initial partial filing fee of $92.55 assessed. Signed by Magistrate Judge Peter A. Oppeneer on 5/24/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.]
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| Filing 6 Motion to Reopen Case by Plaintiff Jackie McGee. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 10/13/2021.] |
| Civil case terminated for plaintiff's failure to pay initial partial filing fee. No fee is owed for filing this case. (jef),(ps) [Transferred from wiwd on 10/13/2021.] |
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Filing 5
ORDER on ifp request: Initial partial filing fee of $ 92.55 assessed. Initial partial filing fee due 4/23/2021. Signed by Magistrate Judge Peter A. Oppeneer on 4/2/2021. (kmd),(ps) [Transferred from wiwd on 10/13/2021.]
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| Filing 4 Prisoner Trust Fund Account Statement by Plaintiff Jackie McGee. (kmd),(ps) (Additional attachment(s) added on 4/2/2021: #1 IPP Calculation) (kmd). [Transferred from wiwd on 10/13/2021.] |
| Filing 3 Motion for Leave to Proceed in forma pauperis by Plaintiff Jackie McGee. (Attachments: #1 Envelope) (kmd),(ps) [Transferred from wiwd on 10/13/2021.] |
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Filing 2
ORDER that Plaintiff submit $402 filing fee or Motion for IFP w/ Trust Fund Account Statement by 4/15/2021. Signed by Magistrate Judge Peter A. Oppeneer on 03/25/21. (aom),(ps) [Transferred from wiwd on 10/13/2021.]
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| Filing 1 COMPLAINT against Jackie McGee., filed by Jackie McGee. (Case randomly assigned to District Judge Barbara B. Crabb.) (Attachments: #1 Certificate of Service, #2 Exhibit A - Memorandum From Captain Landaal regarding Quarantining dated 10/5/20, #3 Exhibit B - Letter from Health Service Unit Staff dated 11/17/20, #4 Exhibit C - Complaint FLCI-2020-21512 Documents, #5 Exhibit D - Complaint FLCI-2020-21512 Documents, #6 Exhibit E - Staff Information HU4 -Quarantine, #7 Exhibit F - Memorandum from Security Director April Schultz dated 11/18/20, #8 Exhibit G - Letter from Health Service Unit Staff dated 12/01/20, #9 Exhibit H - Health Service Request dated 12/07/20, #10 Exhibit I - Health Service Request dated 12/13/20, #11 Exhibit J - Health Service Request dated 1/6/21, #12 Exhibit K - Psychological Service Request dated 01/19/20 and Health Service Request dated 2/8/21, #13 Exhibit L - Jackie McGee Journal, #14 Exhibit M - WI DOC Psychological Referrals/Screening/Contacts, #15 Exhibit N - Letter from Health Service Unit Staff dated 11/29/20, #16 Exhibit P - Inmate Handbook and Resource Guide, #17 Exhibit Q - Letter from Jackie McGee to H.S.U. Manager Whitman dated 03/14/21, #18 Envelope) (aom),(ps) [Transferred from wiwd on 10/13/2021.] |
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