Alexander, Robert et al v. Foster, Brian et al
Plaintiff: Robert Earl Alexander
Defendant: Tapio
Case Number: 3:2017cv00861
Filed: November 13, 2017
Court: US District Court for the Western District of Wisconsin
Office: Madison Office
County: Dodge
Presiding Judge: Stephen L. Crocker
Presiding Judge: James D. Peterson
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 11, 2022 Opinion or Order Filing 340 ORDER granting 333 Extension of Time to File a Notice of Appeal; denying 338 Motion to Compel. Signed by District Judge James D. Peterson on 8/9/2022. (jef),(ps)
April 27, 2022 Opinion or Order Filing 320 Disregard.
March 15, 2022 Opinion or Order Filing 309 JUDGMENT entered in favor of defendants dismissing the case. (jef),(ps)
October 12, 2021 Opinion or Order Filing 287 ORDER that Plaintiff Robert Earl Alexander's motion to compel, Dkt. 271 , is DENIED. Discovery is STAYED until the court rules on defendants' motion for summary judgment. Defendants motion for permission to discard plaintiff's documents, Dkt. 274 , is DENIED. Defendants may resubmit the motion with proper support. Plaintiff's motion for a hearing, Dkt. 276 , is DENIED. Plaintiff's motion for a temporary restraining order or hearing, Dkt. 278 and Dkt. 284 , is DENIED. The court will defer a decision on how to conduct future hearings until the court rules on defendants' motion for summary judgment. Signed by District Judge James D. Peterson on 10/12/2021. (kmd),(ps)
May 6, 2021 Opinion or Order Filing 233 ORDER that defendants may have until May 20, 2021, to submit a report on plaintiff Robert Earl Alexander's ability to communicate. Plaintiff may have until May 27, 2021, to respond. Defendants may have until May 13, 2021, to respond to plaintiff 's allegation of blocked legal mail on March 8, 2021. Plaintiff's motions for preliminary injunctive relief, for extension of time to file his summary judgment materials, and for recruitment of counsel, Dkt. 224 ; Dkt. 226 ; Dkt. 229 ; D kt. 230 ; Dkt. 231 , are DENIED. Plaintiff may have until May 13, 2021, to request documents from defendants' counsel. Plaintiff may have until June 14, 2021, to submit his summary judgment opposition materials. Defendants may have until June 28, 2021, to file their reply. Signed by District Judge James D. Peterson on 5/6/2021. (lam),(ps)
March 25, 2021 Opinion or Order Filing 222 ORDER that Plaintiff Robert Earl Alexander's motions for preliminary injunctive relief, Dkt. 212 and Dkt. 217 , are DENIED as moot. The case will proceed with the parties following the orders listed above. Signed by District Judge James D. Peterson on 3/25/2021. (lam),(ps)
February 21, 2020 Opinion or Order Filing 167 ORDER that Alexander's motion for preliminary injunctive relief, Dkt. 153 , is DENIED. Signed by District Judge James D. Peterson on 2/21/2020. (rks),(ps)
December 20, 2019 Opinion or Order Filing 154 ORDER that the stay in this case is LIFTED. Plaintiff Robert Earl Alexander may have until January 13, 2020 to inform the court in writing whether he wishes to: (1) continue litigating the case but without counsel; or (2) dismiss the case without prejudice. Signed by District Judge James D. Peterson on 12/20/2019. (rks),(ps)
April 29, 2019 Opinion or Order Filing 149 ORDER denying plaintiff Robert Alexander's 148 Motion for Preliminary Injunction. The clerk of court is directed to return Alexander's books to Dodge Correctional Institution. Signed by District Judge James D. Peterson on 4/29/2019. (jef),(ps)
December 13, 2018 Opinion or Order Filing 140 ORDER that plaintiff Robert Alexander's motions for preliminary injunctive relief, Dkt. 115 ; Dkt. 119 ; Dkt. 130 ; Dkt. 133 , are DENIED. Signed by District Judge James D. Peterson on 12/13/2018. (jef),(ps)
October 10, 2018 Opinion or Order Filing 128 ORDER that plaintiff Robert Alexander's motion for extension of time in which to respond, Dkt. 127 , is GRANTED with respect to the allegations discussed above relating to his first TRO motion, Dkt. 115 , but is DENIED with respect to the al legations raised in his second TRO motion, Dkt. 119 . Alexander must file his response no later than October 22, 2018. By October 22, 2018, defendants must file an additional update concerning the status of Alexander's treatment as well as the name of a disinterested UW doctor willing to serve as an independent expert if called upon to do so. Signed by District Judge James D. Peterson on 10/10/2018. (jef),(ps)
August 13, 2018 Opinion or Order Filing 104 ORDER denying plaintiff Robert Earl Alexander's 99 , 101 motions for reconsideration. Signed by District Judge James D. Peterson on 8/13/2018. (jef),(ps)
July 26, 2018 Opinion or Order Filing 98 ORDER denying plaintiff Robert Earl Alexander's 97 motion for leave to file a response, denying plaintiff's 22 , 36 motions for preliminary injunctive relief and granting defendants Nathan Tapio and Roman Kaplan's 93 motion for clarification. Signed by District Judge James D. Peterson on 7/26/2018. (jef),(ps)
July 9, 2018 Opinion or Order Filing 90 ORDER that by July 27, 2018, defendant Roman Kaplan must file a report on the status of plaintiff Robert Earl Alexander's pain medication dosage. If Kaplan continues to discount Alexander's subjective reports of pain, Kaplan must explain his reasons for doing so. Signed by District Judge James D. Peterson on 7/9/2018. (jef),(ps)
June 29, 2018 Opinion or Order Filing 86 ORDER denying plaintiff Robert Earl Alexander's 83 , 84 requests for subpoena forms. Signed by District Judge James D. Peterson on 6/29/2018. (jef),(ps)
June 20, 2018 Opinion or Order Filing 75 ORDER denying plaintiff's requests for subpoena forms, Dkt. 66 and Dkt. 73 ; denying plaintiff's requests for injunctive relief, Dkt. 67 and Dkt. 73 . By June 27, 2018, defendants must explain whether plaintiff has access to his medical records pertaining to this case. Signed by District Judge James D. Peterson on 6/20/2018. (jef),(ps)
May 25, 2018 Opinion or Order Filing 65 ORDER denying 64 plaintiff's motion for "hand delivery." By June 8, 2018, defendants must update the court on whether they believe that plaintiff is incapable of making rational decisions for his own well-being and, if so, whether an appropriate agent will be appointed to assist him. I will attempt to recruit counsel for plaintiff. If I find counsel willing to represent plaintiff, I will advise the parties of that fact. Soon thereafter, a status conference will be held to establish a schedule for resolution of the case. But the July 6, 2018 hearing will remain on the calendar whether or not I have found counsel willing to represent Alexander. Signed by District Judge James D. Peterson on 5/25/2018. (jef),(ps)
May 21, 2018 Opinion or Order Filing 63 ORDER directing the clerk of court to send plaintiff a copy of the court's procedure for calling witnesses to trial. Plaintiff's motion for a temporary restraining order, Dkt. 57 , is DENIED. Signed by District Judge James D. Peterson on 5/21/2018. (jef),(ps)
May 1, 2018 Opinion or Order Filing 59 ORDER that, by May 7, 2018, defendants must notify the court whether they have received a usable authorization form from plaintiff. The court will schedule a hearing for plaintiff's motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 , after receiving defendants' notice. Plaintiff's motion for an in camera review of medical records, Dkt. 57 , is DENIED. Signed by District Judge James D. Peterson on 5/1/2018. (jef),(ps)
April 3, 2018 Opinion or Order Filing 51 ORDER that, by April 13, 2018, plaintiff Robert Earl Alexander must complete and return to defendants' counsel the authorization form for release of his medical records. Dkt. 43 -1. If he does not, the court will dismiss this action for his fa ilure to prosecute it. The clerk of court is directed to mail plaintiff a copy of defendants' proposed authorization form for the release of medical records. Dkt. 43 -1. Defendants must notify the court promptly when they receive plaintif f's signed authorization form. The court will schedule a hearing for plaintiff's motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 , after receiving defendants' notice. Signed by District Judge James D. Peterson on 4/13/2018. (jef/cc: plaintiff w/ 43 -1 authorization),(ps)
March 14, 2018 Opinion or Order Filing 46 ORDER that by March 26, 2018, plaintiff Robert Earl Alexander must complete and return to defendants' counsel the authorization form for release of his medical records. Dkt. 43 -1. If he does not, the court will dismiss this action for his fail ure to prosecute it. Defendants must notify the court promptly when they receive plaintiff's signed authorization form. The court will schedule a hearing for plaintiff's motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 , after receiving defendants' notice. Signed by District Judge James D. Peterson on 3/14/2018. (jef),(ps)
February 28, 2018 Opinion or Order Filing 42 ORDER denying plaintiff's 41 motion for a temporary restraining order concerning mail theft. By March 12, 2018, defendants must indicate whether it is possible to transport plaintiff to the court and provide an update about the status of plaintiff's medical records and Dr. Wieland's availability. The court will hold a hearing for plaintiff's motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 . The time, date, and location of the hearing will be scheduled after receiving defendants' response. Signed by District Judge James D. Peterson on 2/28/2018. (jef),(ps)
February 8, 2018 Opinion or Order Filing 38 ORDER that plaintiff Robert Earl Alexander may have until February 22, 2018, to file a reply in support of his motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 , explaining what is inadequate about defendants' current treatment and pain management plan. Signed by District Judge James D. Peterson on 2/8/2018. (jef),(ps)
January 26, 2018 Opinion or Order Filing 29 ORDER granting plaintiff Robert Earl Alexander leave to proceed on Eighth Amendment deliberate indifference claims against defendants Nathan Tapio and Dr. Kaplan. The state may have until February 16, 2018, to inform plaintiff and the court wheth er it will be representing Kaplan. Plaintiff's remaining claims are DISMISSED for failure to comply with Federal Rule of Civil Procedure 20. By February 5, 2018, defendants must respond to plaintiff's allegations concerning his oxy codone dosage and new tumor and must indicate whether the state can arrange for a TTY or similar transcription device so that plaintiff can meaningfully participate in a telephonic hearing. The court will schedule a hearing on plaintiff's motion for injunctive relief, Dkt. 22 , after receiving defendants' response. Plaintiff's motion for assistance in recruiting counsel, Dkt. 28 , is DENIED without prejudice. Plaintiff's motion for an extension of time to file his amended complaint, Dkt. 26 , is GRANTED. Signed by District Judge James D. Peterson on 1/26/2018. (jef),(ps)
December 20, 2017 Opinion or Order Filing 23 ORDER that plaintiff Robert Alexander's request for the court to waive the initial partial payment in this case, dkt. 19 , is DENIED without prejudice. Plaintiff may have until 1/11/2018 to submit $8.94 initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 12/20/2017. (nln),(ps)
November 22, 2017 Opinion or Order Filing 9 ORDER on ifp request: Plaintiff Robert Earl Alexander assessed an initial partial filing fee of $8.94 assessed due 12/14/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/22/2017. (nln),(ps)
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