Smith, Virgil v. Barrett et al
| Virgil M. Smith |
| Barrett and Woltgen |
| WCI Prison Facility |
| 3:2021cv00582 |
| September 15, 2021 |
| US District Court for the Western District of Wisconsin |
| Barbara B Crabb |
| Stephen L Crocker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 JUDGMENT is entered dismissing this case for failure to state a claim upon which relief may be granted. (kmd),(ps) |
Filing 18
ORDER on Leave to Proceed: Plaintiff Virgil Smith's amended complaint is DISMISSED for failure to state a claim upon which relief may be granted. A strike shall be recorded under 28 U.S.C. 1915(g). Plaintiff's motion to amend his complaint, dkt. #14 , is DENIED as unnecessary. Plaintiff's motion objecting to the court's unsigned order, dkt. #12 , is DENIED. Plaintiff's second motion for change of venue, dkt. #17 , is DENIED as moot. Signed by District Judge Barbara B. Crabb on 11/12/2021. (kmd),(ps)
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| Filing 17 Second Motion for Change of Venue to the United States District Court for the Western District of Wisconsin by Plaintiff Virgil M. Smith. (kmd),(ps) |
| Filing 16 Proposed AMENDED COMPLAINT against Barrett and Woltgen, filed by Virgil M. Smith. (Attachments: #1 Exhibit 1 - Inmate Complaint dated 03-20-21 and Inmate Complaint/Appeal, #2 Exhibit A - Interview/Information Request dated 03-20-21, #3 Exhibit B - Memo to Boss Lady dated January 24, 2021, #4 Exhibit C - Memo to Romaine Smith dated 02-23-2021, #5 Exhibit D - Memo to Romaine Smith dated 02-27-2021, #6 Exhibit E2 - ICE Receipt Complaint Number WCI-2021-4837, #7 Exhibit E3 - ICE Rejection - Complaint Number WCI-2021-4837, #8 Exhibit E4 - Request for Review of Rejected Complaint - Complaint File Number 2021-4837, #9 Exhibit E5 - Request for Review of Rejected Complaint, #10 Exhibit E6 - Reviewing Authority's Decision on Complaint Rejection - Complaint Number WCI-2021-4837, #11 Exhibit E7 - Memo from Sarah Cooper, Administrator DAI, dated March 15, 2021, Re: PIOC Phone System Repaired, #12 Exhibit E8 - Returned Mail Envelope from Mail Sent to Romaine Smith, #13 Exhibit E9 - Returned Mail Envelope from Mail Sent to Romaine Smith, #14 Exhibit E10 - Notice to the State of Wisconsin Re: Notice of Injury and Claim, #15 Exhibit E11 - Certified Mail Receipt stamped May 11, 2021) (kmd),(ps) |
| Filing 15 Memorandum of Law in Support of Amended Civil Rights Complaint re #14 Motion to Amend Complaint, by Plaintiff Virgil M. Smith. (kmd),(ps) |
| Filing 14 Motion to Amend #1 Complaint by Plaintiff Virgil M. Smith. (Attachments: #1 Exhibit F1 - Examples of Statements of Claim, #2 Exhibit F2 - Statement of Claim (Example 2), #3 Exhibit F3 - Statement of Claim (Example 3), #4 Exhibit F4 - Statement of Claim (Example 4)) (kmd),(ps) |
| Filing 13 Declaration in support of 12] Proposed Amended Complaint/Motion Objecting to the Court's Unsigned Order Dated 10-15-21 by Plaintiff Virgil M. Smith (aom),(ps) |
| Filing 12 Proposed Amended Complaint/Motion Objecting to the Court's Unsigned Order Dated 10-15-21 by Plaintiff Virgil M. Smith. (Attachments: #1 Cover Letter, #2 Envelope) (aom),(ps) |
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Filing 11
ORDER that Plaintiff Virgil Smith's complaint is DISMISSED for failure to comply with Fed.R. Civ. P. 8. Plaintiff may have until November 8, 2021to submit a proposed amended complaint. If plaintiff fails to submit a proposed amended complaint by November 8, 2021, the clerk of court will enter judgment dismissing this case. Plaintiff's motions for change of venue, dkt. #4 , and for the appointment of counsel, dkt. #8 , are DENIED without prejudice. Signed by District Judge Barbara B. Crabb on 10/15/2021. (kmd),(ps)
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| Filing 10 Affidavit of Indigence by Plaintiff Virgil Smith. (Attachments: #1 Exhibit C2 - Letter to Kathryn Jones dated 05/17/21 Regarding Representation, #2 Exhibit C3 - Letter to Attorney Mary John dated 05/30/21 Regarding Representation, #3 Exhibit C4 - Letter from Mary John dated 06/07/21 Regarding Representation, #4 Exhibit C5 - Letter to Alyssa John dated 06/14/21 Regarding Representation, #5 Exhibit C6 - Letter from Alyssa Johnson dated 06/17/21 Regarding Representation, #6 Exhibit C7 - Letter to Sonja Davig dated 06/22/21 Regarding Representation, #7 Exhibit C8 - Letter to WCI HUS Manger dated 09/21/21 Regarding Retaliation) (aom),(ps) |
| Filing 9 Prisoner Trust Fund Account Statement by Plaintiff Virgil M. Smith (Attachments: #1 IPP Calculation) (aom),(ps) |
| Filing 8 Motion for Appointment of Counsel by Plaintiff Virgil M. Smith. (aom),(ps) |
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Filing 7
Initial Order for Paid Pro Se: Plaintiff complaint taken under advisement. Plaintiff's Motion for Agency Having Custody of Plaintiff to Forward Four Hundred Dollars From Plaintiff's Regular Account to the Clerk of Courts to Pay the Filing Fees, dkt. #3 , is DENIED as moot. Signed by Magistrate Judge Peter A. Oppeneer on 9/27/2021. (jef),(ps)
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| Filing 6 Notice of payment of $402 filing fee by Plaintiff Virgil M. Smith. (jef),(ps) |
| PLRA Screening. (jef),(ps) |
| Filing fee received: $ 402.00, receipt number 34690039541. (jef),(ps) |
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Filing 5
ORDER on ifp request: Plaintiff to submit Motion to Proceed and Trust Fund Account Statement by 10/7/2021. Signed by Magistrate Judge Peter A. Oppeneer on 9/16/2021. (kmd),(ps)
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| Filing 4 Motion for Change of Venue to the United States District Court for the Western District of Wisconsin by Plaintiff Virgil M. Smith. (aom),(ps) |
| Filing 3 Motion for Agency Having Custody of Plaintiff to Forward Four Hundred Dollars From Plaintiff's Regular Account to the Clerk of Courts to Pay the Filing Fees in this Case by Plaintiff Virgil M. Smith. (aom),(ps) |
| Filing 2 Memorandum of Law in Support of Civil Rights #1 Complaint filed by Virgil M. Smith. (aom) |
| Filing 1 COMPLAINT against All Defendants., filed by Virgil M. Smith. (Case randomly assigned to District Judge Barbara B. Crabb.) (Attachments: #1 Exhibit A - A12 - Interview/Information Request, Inmate Complaint and Appeal, Complaint No WCI-2021-4837 Documents, Letter from DAI Admin Cooper Regarding Phone System dated 03/15/21, Envelopes, Notice of Injury and Claim, and Certified Receipt, #2 Exhibit B - B4 - Letter to Boss Lady Regarding Smith letter to US Atty Gen dated 01/24/21, August TFAS, Notices of Deductions of Inmate Account for Filling Fees, and Warden Letter from WIED dated 03/18/2019, #3 Exhibit C - Letter to Romaine Smith Regarding News, Media, Professional People, Attorney, etc, #4 Exhibit D - Letter to Romaine Smith Regarding Civil Suit) (aom) Modified docket text to match assignment type on 9/15/2021 (jef). |
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