McDuffie v. Elsinger et al
| Brandon C McDuffie |
| James Elsinger, Jeremy Josephs, Jean Lutsey, William Swiekatowski and Dr. Lavoie |
| 2:2023cv00214 |
| February 15, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| William E Duffin |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
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Filing 27
NOTICE and ORDER signed by Magistrate Judge William E Duffin on 3/22/2023 that, if by 4/21/2023, plaintiff does not respond to the summary judgment motion or does not request additional time to do so, the court will accept all facts asserted by the defendants as undisputed and may grant the motion for noncompliance. (cc: all counsel and mailed to pro se Plaintiff)(lz)
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Filing 26
DECLARATION of Denielle Larie (Attachments: #1 Exhibit 1000 - Inmate Complaint History Report, #2 Exhibit 1001 - GBCI-2019-1169, #3 Exhibit 1002 - GBCI-2019-2287, #4 Exhibit 1003 - Conduct Report #3138496)(Fard, Ashley)
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Filing 25
Proposed Findings of Fact by James Elsinger, Jeremy Josephs, William Swiekatowski (Fard, Ashley)
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Filing 24
BRIEF in Support filed by James Elsinger, Jeremy Josephs, William Swiekatowski re #23 MOTION for Partial Summary Judgment Due to the Plaintiff's Failure to Exhaust his Administrative Remedies . (Fard, Ashley)
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Filing 23
MOTION for Partial Summary Judgment Due to the Plaintiff's Failure to Exhaust his Administrative Remedies by James Elsinger, Jeremy Josephs, William Swiekatowski. (Attachments: #1 Certificate of Service)(Fard, Ashley)
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Filing 22
ORDER signed by Magistrate Judge William E Duffin on 3/3/2023. Jean Lutsey, who died prior to the filing of this lawsuit, is DISMISSED. (cc: all counsel and mailed to pro se party)(mlm)
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Filing 21
NOTICE of Appearance by Ashley Fard on behalf of James Elsinger, Jeremy Josephs, William Swiekatowski. (Attachments: #1 Certificate of Service)(Fard, Ashley)
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Filing 20
Magistrate Judge Jurisdiction Form filed by James Elsinger, Jeremy Josephs, William Swiekatowski. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Paulson, Rebecca)
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Filing 19
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 2/22/2023. Defendants' motion for plaintiff's failure to exhaust administrative remedies due by 4/24/2023. Discovery due by 7/24/2023. Summary Judgment Motions on the merits due by 8/24/2023. (cc: all counsel and mailed to pro se Plaintiff with prisoner guide)(lz)
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Filing 18
LETTER from the clerk to Plaintiff re Consent/Refusal to Magistrate Judge William E Duffin requesting that the consent/refusal form be filed within 21 days. (lz)
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Filing 17
Case transferred in from District of Wisconsin Western; Case Number 3:21-cv-00138. Original file certified copy of transfer order and docket sheet received.
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NOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin; 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 16
ORDER granting #11 Defendants' motion to dismiss or transfer. This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 2/14/23. (jat),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 15
Declaration of Brandon McDuffie filed by Plaintiff Brandon C. McDuffie re: #11 Motion to Dismiss or Transfer (jat),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 14
Brief in Opposition by Plaintiff Brandon C. McDuffie re: #11 Motion to Dismiss or Transfer filed by William Sweikatowski, Josephs, James Elsinger (jat),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 13
** TEXT ONLY ORDER ** The February 17, 2023 telephonic pretrial conference is canceled and will be re-set if necessary after the court rules on defendants' motion to dismiss or transfer. Signed by Magistrate Judge Stephen L. Crocker on 1/20/2023. (acd),(ps) [Transferred from wiwd on 2/15/2023.]
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 2/17/2023 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5153. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (acd),(ps) [Transferred from wiwd on 2/15/2023.]
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Set Briefing Deadlines as to #11 MOTION TO DISMISS or Transfer. Brief in Opposition due 2/10/2023. Brief in Reply due 2/21/2023. (acd),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 12
Declaration of Rebecca A. Paulson filed by Defendants James Elsinger, Josephs, William Sweikatowski re: #11 Motion to Dismiss (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 11
MOTION TO DISMISS or Transfer by Defendants James Elsinger, Josephs, William Sweikatowski. (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 10
ANSWER by Defendants James Elsinger, Josephs, William Sweikatowski. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 9
Suggestion of Death Upon the Record as to Jean Lutsey by Defendants James Elsinger, Josephs, William Sweikatowski (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 8
Acceptance of Service by DOJ on behalf of Defendants James Elsinger, Josephs, William Sweikatowski. Service not accepted on behalf of Jean Lutsey. (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 7
Notice of Appearance filed by Rebecca Ann Paulson for Defendants James Elsinger, Josephs, William Sweikatowski. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 6
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants James Elsinger, Josephs, Jean Lutsey, William Sweikatowski. Leave to proceed denied and case dismissed against Lavoie. Materials delivered to DOJ for acceptance of service. Signed by District Judge James D. Peterson on 11/23/2022. (acd),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 5
Warden PLRA Letter. (lam),(ps) [Transferred from wiwd on 2/15/2023.]
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Partial Filing fee received: $44.50, receipt number 34690038479. (lam),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 44.50 assessed. Initial partial filing fee due 3/22/2021. Signed by Magistrate Judge Peter A. Oppeneer on 03/01/21. (aom),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 3
Prisoner Trust Fund Account Statement by Plaintiff Brandon C. McDuffie (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 2
Motion for Leave to Proceed in forma pauperis by Plaintiff Brandon C. McDuffie. (aom),(ps) [Transferred from wiwd on 2/15/2023.]
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Filing 1
COMPLAINT against All Defendants., filed by Brandon C. McDuffie. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Certificate as to three or more dismissals) (aom),(ps) [Transferred from wiwd on 2/15/2023.]
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