Alvarado v. Benston et al
| Ramon Alvarado, Jr |
| Alderman, Sgt Joseph Beahm, Benson, Birdyshaw, Bretzel, Chacon, E Davidson, Lt Dingman, Brian Foster, Brandon Fisher, Grover, B Hoppe, Lehman, Leopold, Miller, James Muenchow, Nelson, C.O. C. O'Donnell, Relford, Roper, Cpt Kyle Tritt, Jeremy Westra, Jesse Jones, Alea Benston, John Birdyshaw, Ian Chacon, Tanner Leopold and Connor Relford |
| 2:2023cv00117 |
| January 30, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Nancy Joseph |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 LETTER to Ramon Alvardo, Jr regarding copies of the dockets (sent via USPS) (Attachments: #1 Bill for Photocopies)(jcl) (Main Document 30 replaced on 3/24/2023) (jcl). |
| Filing 29 REQUEST by Ramon Alvarado, Jr for copies of the docket. (Attachments: #1 Certificate of Service)(jcl) |
Filing 28
SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 3/16/2023. Summary Judgment Motions re exhaustion due by 5/22/2023, Discovery due by 8/22/2023, Summary Judgment Motions re merits due by 9/22/2023. (cc: all counsel and mailed to pro se party)(rcm)
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| Filing 27 Minute Entry for Settlement Conference held on 2/24/2023 before Magistrate Judge William E Duffin. Parties did not resolve any matter. Cases no longer referred to Magistrate Judge William E Duffin. (Tape #9:00-10:40) (mlm) |
| Filing 26 NOTICE of Appearance by Ashley Fard on behalf of Alea Benston, John Birdyshaw, Ian Chacon, Tanner Leopold, Connor Relford, Kyle Tritt, Jeremy Westra. (Attachments: #1 Certificate of Service)(Fard, Ashley) |
| Filing 25 Magistrate Judge Jurisdiction Form filed by Ramon Alvarado, Jr. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (cmb) |
| Filing 24 Magistrate Judge Jurisdiction Form filed by Alea Benston, John Birdyshaw, Ian Chacon, Tanner Leopold, Connor Relford, Kyle Tritt, Jeremy Westra. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Paulson, Rebecca) |
| Consent to Magistrate Judge Jurisdiction. (edr) |
| CASE REFERRED to Magistrate Judge William E Duffin for Mediation. (mlm) |
| Filing 23 Minute Entry for Scheduling Conference to set a Mediation Date held on 2/2/2023 before Magistrate Judge William E Duffin. Mediation Conference set for 2/24/2023 09:00 AM in by Video Conference before Magistrate Judge William E Duffin. Zoom link has been sent and accepted by Waupun and defendant's counsel. (Tape #9:03-9:10) (mlm) |
| Filing 22 LETTER from the clerk to plaintiff Ramon Alvarado re Consent/Refusal to Magistrate Judge Joseph and requesting that the consent/refusal form be filed within 21 days. (jcl) |
| Filing 21 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-00742. Original file certified copy of transfer order and docket sheet received. |
| 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) |
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Filing 20
** TEXT ONLY ORDER ** Defendants' unopposed motion to transfer this case to the Eastern District of Wisconsin (dkt. #18 ) is GRANTED. See 28 U.S.C. 1404(a). This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 1/27/2023. (voc),(ps) [Transferred from wiwd on 1/30/2023.]
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| Filing 19 Response Stating No Opposition by Plaintiff Ramon Alvarado, Jr. re: #18 Motion to Transfer filed by Leopold, Chacon, Kyle Tritt, Birdyshaw, Jeremy Westra, Benson, Relford. (Attachments: #1 Certificate of Service) (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 18 MOTION TO TRANSFER to Eastern District of Wisconsin by Defendants Benson, Birdyshaw, Chacon, Leopold, Relford, Kyle Tritt, Jeremy Westra. (Attachments: #1 Declaration of Debra Ripp) (Paulson, Rebecca),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 17 ANSWER by Defendants Benson, Birdyshaw, Chacon, Leopold, Relford, Kyle Tritt, Jeremy Westra. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) [Transferred from wiwd on 1/30/2023.] |
| Set Deadlines as to #18 MOTION TO TRANSFER to Eastern District of Wisconsin. Plaintiff's Brief in Opposition due 2/17/2023. Defendants' Brief in Reply due 2/27/2023. (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 16 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 1/30/2023.] |
| Filing 15 Acceptance of Service by DOJ on behalf of Defendants Benson, Birdyshaw, Chacon, Leopold, Relford, Kyle Tritt, Jeremy Westra. (Paulson, Rebecca),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 14 Notice of Appearance filed by Rebecca Ann Paulson for Defendants Benson, Birdyshaw, Chacon, Leopold, Relford, Kyle Tritt, Jeremy Westra. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) [Transferred from wiwd on 1/30/2023.] |
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Filing 13
ORDER on Leave to Proceed: Plaintiff granted leave to proceed on a First Amendment retaliation claim against Kyle Tritt; Eighth Amendment claims against Defendants Relford, Leopold, Kyle Tritt, Birdyshaw, Chacon, and Benson; and Fourteenth Amendment due process claims against Kyle Tritt and Jeremy Westra. Leave to proceed denied and case dismissed against Bretzel, E. Davidson, Dingman, Brandon Fisher, Brian Foster, Grover, B. Hoppe, Jesse Jones, Lehman, Miller, James Muenchow, Nelson, C. O'Donnell, Roper, Alderman and Joseph Beahm. Materials delivered to DOJ for acceptance of service. Signed by District Judge James D. Peterson on 11/22/2022. (jls),(ps) [Transferred from wiwd on 1/30/2023.]
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| Filing 12 Response to Order / Proposed Amended Complaint by Plaintiff Ramon Alvarado, Jr. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
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Filing 11
ORDER denying #10 Motion to transfer. Plaintiff may have until November 18, 2022, to inform the court which set of claims he wishes to pursue in this lawsuit. Signed by District Judge James D. Peterson on 11/4/2022. (voc),(ps) [Transferred from wiwd on 1/30/2023.]
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| Filing 10 Motion for a Change of Venue by Plaintiff Ramon Alvarado, Jr. (aom),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 9 Letter requesting amended complaint forms by Plaintiffs Ramon Alvarado, Jr. (Attachments: #1 Envelope) (jef),(ps) Forms sent to plaintiff per request. (jef) [Transferred from wiwd on 1/30/2023.] |
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Filing 8
** TEXT ONLY ORDER ** Plaintiff Ramon Alvarado Jr. has filed a motion in which he asks that the court screen his complaint because he needs an injunction in the form of a transfer to another institution. (Dkt. #6 .) To the extent plaintiff intended his letter to be a motion for a preliminary injunction, that request is DENIED without prejudice because plaintiff has not followed this court's procedures for injunctive relief, which require the party filing the motion to include proposed findings of fact in support of the requested relief, as well as evidence in support of those proposed findings. Plaintiff is free to renew this motion, provided that he follows these procedures, bearing in mind that to obtain injunctive relief, plaintiff must show (1) a likelihood of success on the merits of his case; (2) a lack of an adequate remedy at law; and (3) an irreparable harm that will result if the injunction is not granted. Lambert v. Buss, 498 F.3d 446, 451 (7th Cir. 2007). Signed by District Judge William M. Conley on 9/29/2021. (kmd),(ps) [Transferred from wiwd on 1/30/2023.]
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| Filing 7 Letter from plaintiff regarding screening of complaints. (aom),(ps) Modified docket text on 2/10/2021 (jef). (Main Document 8 replaced on 2/10/2021) (jef). [Transferred from wiwd on 1/30/2023.] |
| Filing 6 Letter from plaintiff requesting screening orders and to move to another institution. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 5 Warden PLRA Letter. (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
| Partial Filing fee received: $ 0.92, receipt number 34690037467. (jef),(ps) [Transferred from wiwd on 1/30/2023.] |
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 0.92 assessed. Initial partial filing fee due 8/31/2020. Signed by Magistrate Judge Peter A. Oppeneer on 08/10/20. (aom),(ps) [Transferred from wiwd on 1/30/2023.]
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Ramon Alvarado, Jr. (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Ramon Alvarado, Jr.. (aom),(ps) [Transferred from wiwd on 1/30/2023.] |
| Filing 1 COMPLAINT against All Defendants., filed by Ramon Alvarado, Jr.. (Case non-randomly assigned to District Judge William M. Conley.) (aom),(ps) [Transferred from wiwd on 1/30/2023.] |
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