Carter, Robert v. U.S. Department of Justice et al
| Robert E. Carter |
| U.S. Department of Justice, Merrick Garland, Timothy M. O'Shea, Daniel Graber, Daniel Williams, Nancy Kerr, Linda Flach, Isa Small and Le Phillips Memorial Public Library |
| 3:2023cv00042 |
| January 17, 2023 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 Response to Proposed Findings of Fact filed by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams re: #2 Motion for Preliminary Injunction (Herje, Leslie),(ps) |
| Filing 26 Declaration of Daniel Graber filed by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1-Email_re_Press_Conf_Redacted) (Herje, Leslie),(ps) |
| Filing 25 Declaration of Daniel Williams filed by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1-Email _Thread_re:_Library, #2 Exhibit 2-MOC_Linda_Flach) (Herje, Leslie),(ps) |
| Filing 24 Brief in Opposition by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams re: #2 Motion for Preliminary Injunction filed by Robert E. Carter (Herje, Leslie),(ps) |
| Filing 23 Brief in Opposition by Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small re: #2 Motion for Preliminary Injunction filed by Robert E. Carter (Jacobs, Jerilyn),(ps) |
Filing 22
** TEXT ONLY ORDER ** Following a hearing on Monday, March 13, 2023, the court GRANTED IN PART AND DENIED IN PART the federal defendants' motion for disclosure of case-related supervision information and related extension of time (dkt. #14) for reasons explained on the record as follows:(1) By stipulation of the parties, the parties may rely on the fact that: Mr. Carter sought permission from his Probation Officer to go to the library for train on how to use IT equipment so he could hold a press conference; in response, the Probation Office asked for more details; however, it appears that before Mr. Carter could follow up further, the library denied his request to hold the conference. (2) Unless good cause is shown, no formal discovery will be allowed of the Probation Office itself in this civil matter. (3) Both the federal defendants and library defendants may have until Friday, March 17, 2023, to file their responses to plaintiff's pending motion for preliminary injunction (dkt. #2 ). Signed by District Judge William M. Conley on 3/16/2023. (voc),(ps)
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| Set/Reset Briefing Deadlines as to #2 MOTION FOR PRELIMINARY INJUNCTION. Brief in Opposition due 3/17/2023. (voc),(ps) |
| Filing 21 Notice of Appearance filed by Molly Kathryn Woodford for Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small. (Woodford, Molly),(ps) |
| Set Telephone Hearing as to #14 Federal Defendants' Motion for Disclosure of Case-Related Supervision Information and Related Extension of Time . Telephone Motion Hearing set for 3/13/2023 at 02:00 PM before Judge William M. Conley. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5087. (voc),(ps) |
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Filing 20
** TEXT ONLY ORDER **ORDER granting #19 Motion for Extension of Time by Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small. Brief in Opposition due 3/16/2023. Signed by Magistrate Judge Stephen L. Crocker on 3/6/2023. (voc),(ps)
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| Filing 19 Motion for Extension of Time to respond to Plaintiff's TRO Motion by Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small. (Jacobs, Jerilyn),(ps) |
| Filing 18 Notice of Appearance filed by Timothy M. Johnson for Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small. (Johnson, Timothy),(ps) |
| Filing 17 Notice of Appearance filed by Jerilyn Jacobs for Defendants Linda Flach, Nancy Kerr, Le Phillips Memorial Public Library, Isa Small. (Jacobs, Jerilyn),(ps) |
| Filing 16 Brief in Opposition by Plaintiff Robert E. Carter re: #14 Motion for Miscellaneous Relief, filed by Merrick Garland, U.S. Department of Justice, Timothy M. O'Shea, Daniel Graber, Daniel Williams (Carter, Robert),(ps) |
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Filing 15
** TEXT ONLY ORDER ** Plaintiff may have 7 days to respond to the federal defendants' motion for disclosure (dkt. #14 ). Relatedly, defendants' deadline to file their brief in opposition to plaintiff's motion for preliminary injunction is extended to two days after the court rules on their motion to disclose. Signed by District Judge William M. Conley on 2/22/2023. (voc),(ps)
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| Filing 14 Federal Defendants' Motion for Disclosure of Case-Related Supervision Information and Related Extension of Time by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams. (Herje, Leslie),(ps) |
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Filing 13
** TEXT ONLY ORDER **ORDER granting #12 Motion for Extension of Time. Brief in Opposition due 2/22/2023. Signed by Magistrate Judge Stephen L. Crocker on 2/10/2023. (voc),(ps)
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| Filing 12 Motion for Extension of Time to Respond to Plaintiff's Motion for a Preliminary Injunction by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams. Motions referred to Magistrate Judge Stephen L. Crocker. (Herje, Leslie),(ps) |
| Filing 11 Summons Issued as to Linda Flach, Merrick Garland, Daniel Graber, Nancy Kerr, Le Phillips Memorial Public Library, Timothy M. O'Shea, Isa Small, U.S. Department of Justice, Daniel Williams. (Attachments: #1 Summons Timothy M. O'Shea, #2 Summons Daniel Graber, #3 Summons Daniel Williams, #4 Summons Nancy Kerr, #5 Summons Linda Flach, #6 Summons Isa Small, #7 Summons Le Phillips Memorial Public Library, #8 Summons U.S. Department of Justice) (voc),(ps) |
| Filing fee received: $ 402, receipt number 500. (jef),(ps) |
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Filing 10
** TEXT ONLY ORDER **It has come to the court's attention that plaintiff Robert Carter's deadline to pay the $402 filing fee owed in this case is February 10, 2023. (Dkt. #6 .) This case cannot go forward until Carter remits that fee, so the briefing schedule on Carter's motion for preliminary injunction is adjusted as follows: defendants may have fourteen (14) days from Carter's filing of proof of service or Carter's submitting the filing fee, whichever is later, to respond to the motion. Signed by District Judge William M. Conley on 1/26/2023. (arw),(ps)
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| Filing 9 Response re: #5 Order,,,, Motion Responding to Defendants Deficient Notice by Plaintiff Robert E. Carter. (Attachments: #1 Exhibit Proof of Service, #2 Exhibit Notice of Motion for Injunctive Relief, #3 Exhibit Plaintiff Email to Counsel of Record) (Carter, Robert),(ps) |
| Filing 8 Notice by Defendants Merrick Garland, Daniel Graber, Timothy M. O'Shea, U.S. Department of Justice, Daniel Williams of Deficient Service on the United States and Its Employees. (Herje, Leslie),(ps) |
| Filing 7 Certificate of Service by Plaintiff Robert E. Carter. (Carter, Robert),(ps) |
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Filing 6
ORDER denying #4 Motion for Leave to Proceed in forma pauperis. Fee due 2/10/2023. Signed by Magistrate Judge Stephen L. Crocker on 1/20/2023. (voc),(ps)
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Filing 5
ORDER re #2 MOTION FOR PRELIMINARY INJUNCTION filed by Robert E. Carter. Plaintiff's motion for a temporary restraining order is DENIED because (1) the time of that conference passed before this court had an opportunity to even consider the merits of the TRO motion; (2) no proof of service on any defendant was provided; and (3) Carter's requests for relief may implicate accepted, albeit narrow, First Amendment limitations with respect to pending criminal charges against him, especially since he is representing himself. However, because plaintiff has raised a legitimate question under the First and Fourteenth Amendments, the court will expedite consideration of his remaining motion for preliminary injunction. Specifically, IT IS ORDERED that defendants may have fourteen (14) days from Carter's filing proof of service to file a brief in opposition to that motion. Following receipt of that opposition, the court will determine whether a hearing is necessary. Signed by District Judge William M. Conley on 1/20/2023. (voc),(ps)
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| Filing 4 Motion for Leave to Proceed in forma pauperis by Plaintiff Robert E. Carter. (jef),(ps) |
| Filing 3 Brief in Support of #2 Motion for Preliminary Injunction by Plaintiff Robert E. Carter. (Attachments: #1 Proposed order) (jef),(ps) |
| Filing 2 Emergency Motion for Preliminary Injunctive Relief and Temporary Restraining Order by Plaintiff Robert E. Carter. (jef),(ps) |
| Filing 1 COMPLAINT against All Defendants, filed by Robert E. Carter. (Case non-randomly assigned to District Judge William M. Conley.) (Attachments: #1 Exhibit 1 - Meeting Rooms and Study Rooms policy, #2 Exhibit 2 - Meeting Rooms: An Interpretation of the Library Bill of Rights, #3 Exhibit 3 - Meeting Rooms Q&A, #4 Exhibit 4 - Reserve a Room webpage, #5 Exhibit 5 - U.S.Attorney's Office press release, #6 Exhibit 6 - NPR article, 2/25/21, Intercept article, 10/10/19, #7 Exhibit 7 - GAO report, 12/11/14, #8 Exhibit 8 - 2022 Investigative Summaries, #9 Exhibit 9 - Email, 1/2/23, #10 Exhibit 10 - Email 1/6/23, #11 Exhibit 11 - Email 1/6/23, #12 Exhibit 12 - Email 1/6/23, #13 Exhibit 13 - Emails 1/6/23, #14 Exhibit 14 - Media Advisory, #15 Exhibit 15 - Email, 1/12/23, #16 Exhibit 16 - Online complaint submission, #17 Exhibit 17 - Email confirmation, 7/13/23 (summary of complaint redacted), #18 Summonses, #19 JS-44 Civil Cover Sheet, #20 Envelope) (jef),(ps) |
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