Walker, Marcellous et al v. Boughton, Gary et al
| Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks, Kendrick Gatlin and Damien Griffin |
| Gary Boughton, Dane Esser, Wendy Monfils, Sarah Cooper, Robert Miller, Anthony Broadbent, TextBehind, Wisconsin Department of Corrections, Jacob Cirian and Mark Kartman |
| WSPF Prison Facility |
| 3:2022cv00211 |
| April 13, 2022 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| William M Conley |
| Stephen L Crocker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 Declaration of Marcellous L. Walker by Plaintiff Marcellous Walker. (jef),(ps) |
| Party Jammie Yerks is terminated, no filing fee or motion to proceed in forma pauperis submitted by the May 18, 2022 deadline. (lam),(ps) |
| Party Jeremy Wand is terminated, no initial partial filing fee submitted by the May 26, 2022 deadline. (lam),(ps) |
| Filing 47 Warden PLRA Letter as to plaintiff Marcellous Walker. (jef),(ps) |
| Initial Partial Filing fee received from plaitiff Marcellous Walker: $ 41.06, receipt number 34690040648. (jef),(ps) |
Filing 46
ORDER on ifp request as to plaintiff Kendrick Gatlin: Initial partial filing fee of $ 76.00 assessed. Plaintiff Kendrick Gatlin's Initial partial filing fee due 6/23/2022. Signed by Magistrate Judge Stephen L. Crocker on 6/1/2022. (jef),(ps)
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| Filing 45 Prisoner Trust Fund Account Statement by Plaintiff Kendrick Gatlin. (jef),(ps) (Additional attachment(s) added on 6/1/2022: #1 IPP Calculation) (jef). |
| Filing 44 Motion for Leave to Proceed in forma pauperis by Plaintiff Kendrick Gatlin. (Attachments: #1 Envelope) (jef),(ps) |
| Filing 43 Warden PLRA Letter for Plaintiff Armin Wand, III. (aom),(ps) |
| Initial Partial Filing fee received from plaintiff Armin Wand: $ 24.59, receipt number 34690040620. (aom),(ps) Modified on 5/24/2022 (jef). |
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Filing 42
ORDER on ifp request for Plaintiff Walker: Initial partial filing fee of $ 41.06 assessed. Initial partial filing fee due 6/8/2022. Signed by Magistrate Judge Stephen L. Crocker on 05/18/2022. (aom),(ps)
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| Filing 41 Prisoner Trust Fund Account Statement by Plaintiff Marcellous Walker (Attachments: #1 IPP Calculation) (aom),(ps) |
| Filing 40 Declaration of Exhibits by Plaintiff Marcellous Walker (Attachments: #1 Certificate of Service, #2 Exhibit 1 - WI DAI Undeliverable PIOC Mail Notification, #3 Exhibit 2 - Inmate Complaint, #4 Exhibit 3 - Complaint Number WSPF-2022-5351 Document, #5 Exhibit 4 - TextBehind Document, Letter Dated 03/20/22, Unsigned Declaration, Signed Letter Dated 03/31/22, Copy of Envelope from Damien Griffin, #6 Exhibit 5 - Inmate Complaint, #7 Exhibit 6 - Complaint Number WSPF-2022-5747 Document, #8 Exhibit 7 - Complaint Number WSPF-2022-5747 Document, #9 Exhibit 8 - Complaint Number WSPF-2022-5747 Document, #10 Exhibit 9 - Inmate Complaint Appeal, #11 Exhibit 10 - Complaint Number WSPF-2022-5747 Document, #12 Exhibit 11 - Complaint Number WSPF-2022-5351 Document, #13 Exhibit 12 - Complaint Number WSPF-2022-5351 Document, #14 Exhibit 13 - Inmate Complaint Appeal, #15 Exhibit 14 - Complaint Number WSPF-2022-5351 Document, #16 Exhibit 15 - Inmate Complaint, #17 Exhibit 16 - TextBehind Document, Copy of Envelope from Jamie Yerks, Letter from Jammie Dated 03-30-2022, Copy of NEF Case 19-cv-595-wmc, Copy of USDC-WIWD Motion for Cost Case 19-cv-595, Copy of Bill of Costs Case 19-cv-595, and Copy of Certificate of Service, #18 Exhibit 17 - Complaint Number WSPF-2022-6453 Document, #19 Exhibit 18 - Complaint Number WSPF-2022-6453 Document, #20 Exhibit 19 - Complaint Number WSPF-2022-6453 Document, #21 Exhibit 20 - Inmate Complaint Appeal, #22 Exhibit 21 - Complaint Number WSPF-2022-6453 Document, #23 Exhibit 22 - Complaint Number WSPF-2022-5747 Document, #24 Exhibit 23 - Complaint Number WSPF-2022-5747 Document, #25 Exhibit 24 - Complaint Number WSPF-2022-5351 Document, #26 Exhibit 25 - Complaint Number WSPF-2022-5351 Document) (aom),(ps) |
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Filing 39
ORDER that Plaintiff Walker submits a Trust Fund Account Statement by 6/6/2022. Signed by Magistrate Judge Stephen L. Crocker on 05/16/2022. (aom),(ps)
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| Filing 38 Declaration of Marcellous Walker by Plaintiff Marcellous Walker re #36 Motion for Leave to Proceed in forma pauperis, #37 Amended Complaint (aom),(ps) |
| Filing 37 AMENDED COMPLAINT against All Defendants, filed by Armin Wand, III, Marcellous Walker, Jeremy Wand, Jammie Yerks, and Kendrick Gatlin. (aom),(ps) |
| Filing 36 Motion for Leave to Proceed in forma pauperis by Plaintiff Marcellous Walker. (Attachments: #1 Certificate of Service) (aom),(ps) |
| Filing 35 Mail Returned as Undeliverable re 26 Text Only Order. Mail re-sent to Jammie Yerks at Jackson Correctional Insititution. (jef),(ps) |
| Filing 34 Copy of #28 Prisoner Trust Fund Account Statement by Plaintiff Jeremy Wand. (aom),(ps) |
| Filing 33 Signed Copy of #27 Motion for Leave to Proceed in forma pauperis by Plaintiff Jeremy Wand. (aom),(ps) |
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Filing 32
ORDER on ifp request for Plaintiff Armin Wand, III: Initial partial filing fee of $ 24.59 assessed. Initial partial filing fee due 5/26/2022. Signed by Magistrate Judge Stephen L. Crocker on 05/05/2022. (aom),(ps)
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| Filing 31 Prisoner Trust Fund Account Statement by Plaintiff Armin Wand, III (Attachments: #1 IPP Calculation) (aom),(ps) |
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Filing 30
ORDER on ifp request for Plaintiff Jeremy Wand: Initial partial filing fee of $ 5.40 assessed. Initial partial filing fee due 5/26/2022. Signed by Magistrate Judge Stephen L. Crocker on 05/05/2022. (aom),(ps)
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| Filing 29 Disregard. (aom),(ps) |
| Filing 28 Prisoner Trust Fund Account Statement by Plaintiff Jeremy Wand (Attachments: #1 IPP Calculation) (aom),(ps) |
| Filing 27 Motion for Leave to Proceed in forma pauperis (unsigned) by Plaintiff Jeremy Wand. See dkt. #33 for signed copy. (aom),(ps) Modified on 5/5/2022 (aom). |
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Filing 26
** TEXT ONLY ORDER ** On April 13, 2022, six inmates at the Wisconsin Secure Program Facility filed this lawsuit under 42 U.S.C. 1983. In addition to a complaint, and a motion to amend their complaint by adding defendants, plaintiffs have filed a motion for preliminary injunctive relief as well as supporting declarations and exhibits. Plaintiffs have not yet paid their filing fees or requested leave to proceed without prepayment. However, the court will nonetheless address plaintiff Damien M. Griffin's declaration attesting that he has not read or signed any filings submitted on his behalf in this case and does not wish to participate. (Dkt. #25 .) Based on Griffin's assertions, the court construes his declaration as a motion to withdraw as a plaintiff from this action and GRANTS the motion. The clerk of court is directed to amend the case caption accordingly. The remaining plaintiffs are advised that if it comes to light that their submissions to the court have included any misrepresentations, they may be subject to penalties up to and including dismissal of their claims in this lawsuit with prejudice. Signed by District Judge William M. Conley on 5/3/2022. (jef),(ps)
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| Filing 25 Declaration of Damien M. Griffin by Plaintiff Damien Griffin. (Attachments: #1 Exhibits 1-4 - Disbursement requests, #2 Envelope) (jef),(ps) |
| Filing 24 Disregard; duplicate entry. (jef). |
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Filing 23
ORDER denying #21 motion for use of release account funds to pay the entire filing fee in this case. Signed by Magistrate Judge Peter A. Oppeneer on 4/26/2022. (jef),(ps)
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| Filing 22 Second Declaration of Marcellous Walker filed by Plaintiff Marcellous Walker re: #21 Motion for Order to Allow Plaintiff Walker to Pay Full Filing Fee from His Prison Release Account (Attachments: #1 Exhibit 1(a) - Interview/Information Request, #2 Exhibit 1(b) - Interview/Information Request, #3 Exhibit 2 - Copy of April Trust Fund Account Statement) (aom),(ps) |
| Filing 21 Motion for Order to Allow Plaintiff Walker to Pay Full Filing Fee from His Prison Release Account by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (aom),(ps) |
| Filing 20 Motion to Substitute by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (Attachments: #1 Certificate of Service) (aom),(ps) |
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Filing 19
ORDER that Plaintiff Griffin submits a $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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Filing 18
ORDER that Plaintiff Gatlin submits a $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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Filing 17
ORDER that Plaintiff Yerks submits a $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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Filing 16
ORDER that Plaintiff Wand to submit $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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Filing 15
ORDER that Plaintiff Wand, IIII submits a $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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Filing 14
ORDER that Plaintiff Walker submits a $402 Filing Fee or a Motion for Leave to Proceed Without Prepayment w/ Trust Fund Account Statement by 5/4/2022. Signed by Magistrate Judge Peter A. Oppeneer on 04/13/2022. (aom),(ps)
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| Filing 13 Declaration of Exhibits filed by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks re: #2 Motion for TRO, (Attachments: #1 Exhibit E-001 - E-005 - WI DOC DAI Acknowledgement of Receipt of/Access to/Information) (aom),(ps) |
| Filing 12 Declaration of Exhibits filed by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks re: #2 Motion for TRO, (Attachments: #1 Exhibit D-001 - D-005 - WI DOC 309 Policy and Procedures, WI DOC DAI Policies 309.04.01 and 309.15.01, and Interview/Information Request) (aom),(ps) |
| Filing 11 Declaration of Exhibits filed by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks re: #2 Complaint Number WSPF-2022-5351 Documents (Attachments: #1 Exhibit C-001 - C-006 - WI DAI Undeliverable PIOC Mail Notification, Inmate Complaints, Complaint Number WSPF-2022-5351 Documents, TextBehind Documents, Copies of Letters and Envelope from Griffin to Walker, and Complaint Number WSPF-2022-5747 Documents) (aom),(ps) |
| Filing 10 Declaration of Exhibits filed by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks re: #2 Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit B-001 - B-007 - TextBehind Documents, WI DAI Undeliverable PIOC Mail Notification, Copy of Envelopes and Letters to Walker, Adult Conduct Report, Copy of Envelopes, Supporting Report, Primary Report, and Unapproved Draft from Grant County Sheriff's Office, Letter to Department Dated 08/19/21, Gatlin Criminal Complaint, Officers Intake Protect Information, and Disbursement Request) (aom),(ps) |
| Filing 9 Declaration of Exhibits filed by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks re: #2 Motion for Temporary Restraining Order and Preliminary Injunction, (Attachments: #1 Exhibit A-001 - A-010 - Letter from DAI Admin Sarah Cooper Dated 11/04/21 Regarding New Mail Process, TextBehind Documents, Letter from DAI Admin Sarah Cooper Dated 11/12/21 Regarding Mailing Information and P.O. Box, Letter from DAI Admin Sarah Cooper Dated 12/3/21 Regarding New Mail Policy, Letter from Security Chief Miller Dated 12/9/21 Regarding Consent to Receive Mail, Letter from OMB Director Monfils Dated 12/22/21 and 02/10/22 Regarding Acknowledgement of Rules, Interview/Information Request, and Letter from Warden Boughton Dated 02/08/22) (aom),(ps) |
| Filing 8 Declaration of Jammie Yerks by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (aom),(ps) |
| Filing 7 Declaration of Armin G. Wand III by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (aom),(ps) |
| Filing 6 Declaration of Korey A. Warren by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (aom),(ps) |
| Filing 5 Declaration of Marcellous Walker by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (aom),(ps) |
| Filing 4 Memorandum of Law in Support of #2 Motion for Temporary Restraining Order and Preliminary Injunction filed by Kendrick Gatlin, Jeremy Wand, Jammie Yerks, Armin Wand, III, Damien Griffin, Marcellous Walker (aom),(ps) |
| Filing 3 Brief in Support of #2 Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks (aom),(ps) |
| Filing 2 Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Kendrick Gatlin, Damien Griffin, Marcellous Walker, Armin Wand, III, Jeremy Wand, Jammie Yerks. (Attachments: #1 Proposed Order to Show Cause and Temporary Restraining Order and Preliminary Injunction, #2 Statement of Proposed Findings of Fact) (aom),(ps) |
| Filing 1 COMPLAINT against All Defendants., filed by All Plaintiffs. (Case non-randomly assigned to District Judge William M. Conley.) (Attachments: #1 Cover Letter, #2 Certificate of Service) (aom) |
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