Cooper, Demetrius v. Matti, Richard et al
Demetrius Cooper |
Richard Matti, Kaylene Betancourt, L. Nerison, Ryan Blount and L.T. Nerison |
WSPF Prison Facility |
3:2021cv00727 |
November 17, 2021 |
US District Court for the Western District of Wisconsin |
Stephen L Crocker |
James D Peterson |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 ORDER on Leave to Proceed: Plaintiff Demetrius Cooper's motion for leave to file a second amended complaint, dkt. #19 , is GRANTED. The second amended complaint, dkt. #19 , is the operative pleading in this case. In accordance with plaintiff's instructions, the claims plaintiff previously alleged in Lawsuit No. 1 against defendant Richard Matti, as identified in this order, are DISMISSED WITHOUT PREJUDICE to his filing those claims at a later date, so long as he complies with the statute of limitations. Plaintiff granted leave to proceed in case no. 21-cv-727-slc against Defendants L.T. Nerison, Kaylene Betancourt. Leave to proceed denied and case dismissed against Ryan Blount. Materials delivered to DOJ for acceptance of service. Signed by Magistrate Judge Stephen L. Crocker on 1/10/2022. (lam),(ps) |
Filing 19 SECOND AMENDED COMPLAINT by Plaintiff Demetrius Cooper. (aom),(ps) Modified on 1/10/2022 (lam). |
Filing 18 Response to #17 Order by Plaintiff Demetrius Cooper. (aom),(ps) |
Filing 17 ORDER that plaintiff Demetrius Cooper's motion to amend his complaint, dkt. #8 , is GRANTED. Plaintiff's amended complaint, dkt. #15 , is the operative pleading in this case. Plaintiff may have until January 18, 2022 to identify for the court which numbered lawsuit identified above (Lawsuit 1 or 2) he wishes to proceed with under the case number assigned to this case. Plaintiff must pick one and only one of these lawsuits to proceed under case no. 21-cv-727-slc. Also by January 18, plaintiff is to tell the court whether he wishes to pursue his other lawsuit under a separate case number, or whether he will dismiss it voluntarily. If plaintiff chooses to dismiss his other lawsuit voluntarily, then he will not owe a filing fee and he will be permitted to refile the dismissed claims later, so long as he complies with the statute of limitations. If plaintiff chooses to pursue his other lawsuit under a separate case number, then he will owe a separate filing fee. Once plaintiff chooses which lawsuits he wants to pursue, I will screen the claims to determine whether they state a claim upon which relief may be granted. If plaintiff fails to respond to this order by January 18, then I will enter an order dismissing his claims without prejudice for his failure to prosecute them. Plaintiff's motion for reconsideration and renewed request to use his release account funds to pay for litigation costs, dkt. #16 , is DENIED. Plaintiff's motion to preserve evidence, dkt. #7 , is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Stephen L. Crocker on 12/16/2021. (lam),(ps) |
Filing 16 Motion to Reconsider the Use of Release Account Funds for copies, witness fees and other costs filed by Plaintiff Demetrius Cooper re #3 Motion for Use of Release Account the Cost of Litigation (aom),(ps) Modified on 12/8/2021 (jef). |
Filing 15 AMENDED COMPLAINT (signed) by Plaintiff Demetrius Cooper. (aom),(ps) Modified on 12/16/2021 (lam). |
Filing 14 Signed Copy #7 Motion to Preserve Evidence by Plaintiff Demetrius Cooper. (aom),(ps) |
Filing 13 ORDER Referring Case to Magistrate Judge Stephen L. Crocker. Signed by District Judge James D. Peterson on 12/2/2021. (jef),(ps) |
Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by the Wisconsin Department of Justice on behalf of Defendants Kaylene Betancourt, Ryan Blount, Richard Matti, L.T. Nerison. (jef),(ps) |
Filing 11 CONSENT to Jurisdiction by US Magistrate Judge by Plaintiff Demetrius Cooper. (jef),(ps) |
Filing 10 Initial Order for Paid Pro Se: Plaintiff's complaint taken under advisement. Signed by Magistrate Judge Peter A. Oppeneer on 12/1/2021. (lam),(ps) |
Filing 9 Letter from clerk's office regarding dkts. #7 and #8 unsigned motions filed by plaintiff. (jef),(ps) Modified on 12/1/2021 (jef). |
Filing 8 Motion to Amend #1 Complaint (unsigned) by Plaintiff Demetrius Cooper. (jef),(ps) See dkt. #15 for signed copy of motion. Modified on 12/6/2021 (lam). |
PLRA Screening. (lam),(ps) |
Filing fee received: $402.00, receipt number 34690039813. (lam),(ps) |
Filing 7 Motion to Preserve Evidence by Plaintiff Demetrius Cooper. (aom),(ps) See dkt. #14 for signed copy of motion. Modified on 12/6/2021 (lam). |
Filing 6 ORDER denying #2 Motion for Leave to Proceed in forma pauperis and #3 Motion for Use of Release Account for Partial Filing Fee and the Cost of Litigation. Plaintiff is to pay the $402 Filing Fee by 12/8/2021. Signed by Magistrate Judge Peter A. Oppeneer on 11/17/2021. (aom),(ps) |
Filing 5 Prisoner Trust Fund Account Statement by Plaintiff Demetrius Cooper (Attachments: #1 IPP Calculation) (aom),(ps) |
Filing 4 Letter from Plaintiff Regarding Trust Fund Account Statement. (aom),(ps) |
Filing 3 Motion for Use of Release Account for Partial Filing Fee's and the Cost of Litigation by Plaintiff Demetrius Cooper. (aom),(ps) |
Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Demetrius Cooper. (aom),(ps) |
Filing 1 COMPLAINT against All Defendants., filed by Demetrius Cooper. (Case non-randomly assigned to District Judge James D. Peterson.) (aom),(ps) |
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