Leppert v. Hepp et al
| Michael R Leppert |
| Randall Hepp, Kevin Carr and Tony Evers |
| 2:2023cv01663 |
| December 11, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Prisoner: Conditions of Confinement |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER signed by District Judge Lynn Adelman on 2/5/24 re #10 Plaintiff's Motion to Compel. On February 1, 2024, I denied plaintiff's motion to compel the defendants to allow him time in the law library to prepare a second amended complaint. I explained that the defendants have not yet been served, and even if they had been, I cannot order the prison to give him more library time. Plaintiff filed a second motion seeking the same relief. ECF No. #10 . This motion is effectively identical to the first, except that it notes plaintiff's first motion to compel. For the same reasons I explained in the previous Text Only Order, plaintiff's motion is DENIED. (cc: all counsel and mailed to pro se party)(amh)
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| Filing 10 MOTION to Compel by Michael R Leppert. (Attachments: #1 Cover Letter)(ams) (Main Document 10 replaced on 2/2/2024) (ams). (Additional attachment(s) added on 2/2/2024: #2 Exhibit) (ams). |
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TEXT ONLY ORDER signed by District Judge Lynn Adelman on 2/1/24 re #9 Plaintiffs Motion to Compel. Plaintiff asks me to order the defendants and the prison to schedule him for additional time in the law library so he can prepare a second amended complaint. But I have not allowed plaintiff to proceed on any claims, so no defendant has yet been served. Moreover, I do not have the authority to order the prison to provide its prisoners time in the law library. If plaintiff needs additional time to complete his second amended complaint, he may ask the court for it. His motion to compel the prison to provide him additional law library time is DENIED. (cc: all counsel and mailed to pro se party)(amh)
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| Filing 9 MOTION to Compel by Michael R Leppert. (Attachments: #1 Exhibits 1-3 (bookmarked))(mew) |
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Filing 8
SCREENING ORDER signed by Judge Lynn Adelman on 1/16/2024. IT IS ORDERED that plaintiff's motion for leave to proceed without prepaying the filing fee (ECF No. #2 ) is GRANTED. IT IS FURTHER ORDERED that the amended complaint (ECF No. #7 ) is DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that plaintiff may file a second amended complaint that complies with the instructions in this order on or before February 16, 2024. If plaintiff files a second amended complaint by the deadline, the court will screen the second amended complaint under 28 U.S.C. 1915A. If plaintiff does not file a second amended complaint by the deadline, the court will dismiss this case based on his failure to state a claim in his amended complaint and will issue him a strike under 28 U.S.C. 1915(g). IT IS FURTHER ORDERED that the agency having custody of plaintiff shall collect from plaintiffs prison trust account the $345.75 balance of the filing fee by collecting payments from plaintiff's prison trust account in an amount equal to 20% of the preceding month's income credited to the account in any month in which either (1) the balance in the account exceeds $10 or (2) the income credited to the account in the preceding month exceeded $10. (cc: all counsel and mailed to pro se party with blank amended complaint and guide and to officer in charge)(amh)
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| INITIAL PARTIAL FILING FEE Received: $4.25, Receipt Number: MK 94420 ; the payment of all future filing fees will be maintained by the financial department. (jcl) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Michael R Leppert.(mlm) |
| Filing 6 Magistrate Judge Jurisdiction Form filed by Michael R Leppert. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (mlm) |
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Filing 5
ORDER signed by Judge Lynn Adelman on 12/14/2023. IT IS ORDERED that plaintiff is assessed $4.25 as an initial partial payment of the $350.00 fee for filing this case. On or before January 4, 2024, plaintiff must submit a check or money order made payable to the Clerk of Court in the amount of $4.25. If plaintiff encounters challenges in requesting payment from his account or is otherwise not able to submit the assessed amount, he must notify the court before the deadline. IT IS FURTHER ORDERED that, if January 4, 2024, plaintiff fails to make the initial partial payment or show cause for failure to do so, the court will deny his motion to proceed without prepayment of the filing fee and will dismiss this action based on plaintiffs failure to pay the filing fee. Additional details in order. (cc: all counsel and mailed to pro se party and officer in charge)(amh)
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| Filing 4 LETTER from the clerk to Michael R Leppert re Consent/Refusal to Magistrate Judge William E Duffin and requesting that the consent/refusal form be filed within 21 days. (ams) |
| Filing 3 Prisoner Trust Fund Account Statement by Michael R Leppert. (ams) |
| Filing 2 MOTION for Leave to Proceed Without Prepayment of the Filing Fee by Michael R Leppert. (ams) |
| Filing 1 PRISONER COMPLAINT with Jury Demand filed against Kevin Carr, Tony Evers, Randall Hepp by Michael R Leppert. (Attachments: #1 Exhibit: Information Request)(ams) |
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