Opinion
Civil 3:19-cv-00230-wmc
08-17-2021
James McDonald also known as James Malcolm McDonald, Plaintiff v. Unknown Officers TERMINATED: 05/29/2020 Officer Murphy, Defendant Sgt. Nybus, Defendant Officer Pollack previously known as "Unknown Officer", Defendant
James McDonald 665872 Jackson Correctional Institution, PRO SE. Wisconsin Department of Justice_1983 actions, TERMINATED: 06/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED. Brandon Flugaur, Wisconsin Department of Justice, LEAD ATTORNEY ATTORNEY TO BE NOTICED. Samir Sadoun Jaber State of Wisconsin Department of Justice, LEAD ATTORNEY ATTORNEY TO BE NOTICED. Brandon Flugaur LEAD ATTORNEY ATTORNEY TO BE NOTICED. Samir Sadoun Jaber LEAD ATTORNEY ATTORNEY TO BE NOTICED. Brandon Flugaur LEAD ATTORNEY ATTORNEY TO BE NOTICED. Samir Sadoun Jaber LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
Date Filed: 03/22/2019.
Date Terminated: 07/09/2021.
James McDonald 665872 Jackson Correctional Institution, PRO SE.
Wisconsin Department of Justice_1983 actions, TERMINATED: 06/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Brandon Flugaur, Wisconsin Department of Justice, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Samir Sadoun Jaber State of Wisconsin Department of Justice, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Brandon Flugaur LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Samir Sadoun Jaber LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Brandon Flugaur LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Samir Sadoun Jaber LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Date Filed
#
Docket Text
08/17/2021
85
Appeal Information Packet. (kmd), (ps) (Entered: 08/17/2021)
08/16/2021
83
** TEXT ONLY ORDER ** On July 9, 2021, the court granted defendants' motion for summary judgment on the ground that plaintiff James McDonald failed to exhaust his administrative remedies with respect to claims that defendants Murphy, Nybus and Pollack failed to protect him from an assault that occurred in January of 2019. (Dkt. # 79 .) Now plaintiff has filed two documents seeking reconsideration of that opinion and order. (Dkt. ## 81, 82 .) In his first filing, plaintiff asks that the court reopen this case because on February 11, 2021, he filed an inmate complaint raising the issues upon which he was proceeding in this lawsuit (JCI-2021-2396), and on March 1, 2021, he received a final decision on that complaint. (Dkt. # 81 .) Since plaintiff's claims in this lawsuit were dismissed without prejudice, it is possible that he may be able to revive them if he actually exhausted his administrative remedies. However, plaintiff's letter did not make such a showing. Even assuming that plaintiff submitted an inmate complaint as he represents, it was most assuredly untimely, and, more importantly, plaintiff has not submitted a copy of that inmate complaint or its resolution, much less articulated how resolution of that complaint adequately exhausted his administrative remedies with respect to the dismissed claims. In his second filing, plaintiff argues that the court erred in concluding that an inmate complaint he filed in 2019 did not exhaust his failure to protect claims, claiming that the court incorrectly described that inmate complaint as being rejected, when it was evaluated on the merits. In fact, the court acknowledged that JCI-2019-13512 was addressed on the merits, but found that it did not serve to exhaust his claims, since plaintiff's allegations concerned whether an incident report was created after the assault. (See dkt. # 79, at 10-11.) Accordingly, since plaintiff has neither identified a manifest error of law or fact with respect to the court's prior findings, nor submitted evidence that he actually exhausted his administrative remedies with respect to his claims in this lawsuit, these motions are DENIED. Signed by District Judge William M. Conley on 8/16/2021. (kmd), (ps) (Entered: 08/16/2021)
08/12/2021
84
NOTICE OF APPEAL by Plaintiff James McDonald as to 79 Order on Motion for Summary Judgment, 80 Judgment. $505.00 fee or motion for ifp due. No Docketing Statement filed. (Attachments: # 1 Cover Letter, # 2 Envelope) (kmd), (ps) (Entered: 08/17/2021)
08/09/2021
82
Motion for Reconsideration re 79 Order and 80 Judgment filed by Plaintiff James McDonald. (Attachments: # 1 Exhibit - Inmate Complaint, # 2 Exhibit - CCE Report Complaint Number JCI-2019-13512, # 3 Cover Letter, # 4 Envelope) (kmd), (ps) (Entered: 08/09/2021)
07/26/2021
81
Letter requesting to reopen case by Plaintiff James McDonald. (Attachments: # 1 Envelope) (jef), (ps) (Entered: 07/26/2021)
07/09/2021
80
JUDGMENT is entered in favor of defendants dismissing this case. (kmd), (ps) (Entered: 07/09/2021)
07/09/2021
79
ORDER that Plaintiff James McDonald's motions for a preliminary injunction (dkt. ## 32, 33, 49) and motion to add the Secretary of the Wisconsin Department of Corrections as a Defendant (dkt. # 46) are DENIED. Defendants' motion for summary judgment (dkt. # 50) is GRANTED. Plaintiff's motion for discovery and a Pavey hearing (dkt. ## 69, 77) are DENIED. Signed by District Judge William M. Conley on 7/9/2021. (kmd), (ps) (Entered: 07/09/2021)
06/23/2021
78
Motion for Extension of Legal Loan by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Exhibit A - Interview/Information Request, # 3 Exhibit B - Loan Application and Repayment Agreement, # 4 Envelope) (aom), (ps) (Entered: 06/23/2021)
05/03/2021
77
Motion for a Pavey hearing by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef), (ps) (Entered: 05/03/2021)
04/29/2021
76
Letter from Clerk's Office regarding 75 Standard Interrogatories and Requests for Production. (aom), (ps) (Entered: 04/29/2021)
04/29/2021
75
Standard Interrogatories and Requests for Production by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (aom), (ps) (Entered: 04/29/2021)
04/20/2021
74
Expert Witness Disclosures by Plaintiff James McDonald. (jef), (ps) (Entered: 04/20/2021)
04/20/2021
73
Letter regarding expert witness disclosures and request for counsel by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef), (ps) (Entered: 04/20/2021)
04/02/2021
72
Expert Witness Disclosures by Defendants Murphy, Nybus, Pollack (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 04/02/2021)
02/22/2021
71
Brief in Reply by Defendants Murphy, Nybus, Pollack in Support of 50 Motion for Summary Judgment on Exhaustion Grounds (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 02/22/2021)
02/19/2021
70
Affidavit of James McDonald re: 69 Motion for Discovery. (jef), (ps) (Entered: 02/19/2021)
02/19/2021
69
Motion for Limited Discovery Related to Exhaustion of Administrative Remedies by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef), (ps) (Entered: 02/19/2021)
02/16/2021
68
Letter from plaintiff regarding opened mail, revocation of legal loan and other issues. (Attachments: # 1 Envelope) (jef), (ps) (Entered: 02/16/2021)
02/05/2021
67
** TEXT ONLY ORDER ** ORDER granting 66 Motion for Extension of Time. Defendants' Brief in Reply due 2/22/2021. Signed by Magistrate Judge Stephen L. Crocker on 2/5/2021. (jef), (ps) (Entered: 02/05/2021)
02/05/2021
66
Motion for Extension of Time to File Reply re 50 Defendants' Motion for Summary Judgment for Failure to Exhaust Administrative Remedies by Defendants Murphy, Nybus, Pollack. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 02/05/2021)
02/03/2021
65
Copy of Exhibit D of 64 Affidavit by Plaintiff James McDonald (Attachments: # 1 Cover Letter, # 2 Envelope) (aom), (ps) (Entered: 02/03/2021)
02/01/2021
64
Affidavit of James McDonald filed by Plaintiff James McDonald re: 50 Motion for Summary Judgment (Attachments: # 1 Exhibit A -Adult Conduct Report, # 2 Exhibit B - Inmate Complaint, # 3 Exhibit C - ICE Return Letter, # 4 Exhibit D - Interview/Information Request, # 5 Exhibit E -Interview/Information Request, # 6 Exhibit F - Interview/Information Request, # 7 Exhibit G - Interview/Information Request, # 8 Exhibit H - Inmate Complaint JCI-2019-13512, # 9 Exhibit I - Interview/Information Request, # 10 Exhibit J - General Report on Inmate Complaint JCI-2019-13512, # 11 Exhibit K - Inmate Complaint Appeal, # 12 Exhibit L - General Report on Inmate Complaint JCI-2019-13512, # 13 Exhibit M - Interview/Information Request) (aom), (ps) (Entered: 02/01/2021)
02/01/2021
63
Brief in Opposition by Plaintiff James McDonald re: 50 Motion for Summary Judgment filed by Nybus, Murphy, Pollack (Attachments: # 1 Cover Letter, # 2 Envelope) (aom), (ps) (Entered: 02/01/2021)
01/15/2021
62
** TEXT ONLY ORDER ** ORDER granting 60 Motion for Extension of Time to file a brief in opposition to defendants' 50 motion for summary judgment on exhaustion grounds. Plaintiff's Brief in Opposition due 1/29/2021. Defendants' Brief in Reply due 2/8/2021. Signed by Magistrate Judge Stephen L. Crocker on 1/15/2021. (jef), (ps) (Entered: 01/15/2021)
01/15/2021
61
Affidavit of James McDonald filed by Plaintiff James McDonald re: 60 MOTION for Extension of Time. (jef), (ps) (Entered: 01/15/2021)
01/15/2021
60
Motion for Extension of Time by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef), (ps) (Entered: 01/15/2021)
01/14/2021
59
Letter from clerk's office in response to 58 letter from plaintiff. (jef), (ps) (Entered: 01/14/2021)
01/11/2021
58
Letter from plaintiff regarding amended complaint and claims. (Attachments: # 1 Envelope) (jef), (ps) Modified on 1/14/2021 (jef). (Entered: 01/11/2021)
01/07/2021
57
** TEXT ONLY ORDER ** Plaintiff James McDonald filed a motion to strike defendants' motion for summary judgment on exhaustion grounds, arguing that defendants' motion is untimely. (Dkt. 56 .) However, on October 30, 2019, the court granted McDonald's motion for an extension of time to file an amended complaint identifying Doe defendants, commensurately extending the exhaustion dispositive motion deadline to December 21, 2020. (See dkt. 39 .) Defendants' motion, filed December 21, was thus timely, and McDonald's motion to strike is DENIED. Additionally, defendants have filed a motion asking that the court stay its decision on McDonald's pending motion to add a new defendant until the court rules on their summary judgment motion. (Dkt. 55 .) That motion is GRANTED, and the presiding judge will resolve that motion, if necessary, along with defendants' motion for summary judgment. Signed by Magistrate Judge Stephen L. Crocker on 1/7/2021. (jef), (ps) (Entered: 01/07/2021)
01/06/2021
56
Motion to Strike Defendant's 50 MOTION FOR SUMMARY JUDGMENT on Exhaustion Grounds by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (aom), (ps) (Entered: 01/06/2021)
12/21/2020
55
Motion for a decision on the addition of the new Defendant be stayed pending a decision on the court's motion for summary judgment in this case re 46 Motion to Add the Secretary of the Wisconsin Department of Corrections as Defendant(s) by Defendants Murphy, Nybus, Pollack. (Attachments: # 1 Certificate of Service AMENDED Certificate of Service) (Jaber, Samir), (ps) (Entered: 12/21/2020)
12/21/2020
54
** TEXT ONLY ORDER ** There are three discovery-related matters pending in this matter that I resolve in this text-only order. First, plaintiff James McDonald filed a motion to compel, arguing that one of the documents defendants produced was unreadable. (Dkt. 41 .) In response, defendants represent that they produced a readable copy of the document in question (dkt. 47), which plaintiff does not dispute. Accordingly plaintiff's motion to compel is DENIED as moot. Second, plaintiff filed a letter identifying Officer Pollack as the John Doe defendant in this lawsuit and inquiring about video footage of the incident that formed the basis of his claim in this lawsuit (dkt. 40), and defendants responded that they accepted service on behalf of Pollack and are asking plaintiff whether he requested that the footage be preserved (dkt. 45). The motion is GRANTED in part insofar as Pollack is substituted for defendant Doe in this lawsuit, but DENIED in part because plaintiff's request for court intervention with respect to the video footage is premature. Third, defendants filed a motion to stay discovery in this case pending the court's ruling on their motion for summary judgment for plaintiff's failure to exhaust his administrative remedies. (Dkt. 53 .) That motion is GRANTED in part: discovery is STAYED in this matter until February 15, 2021. Signed by Magistrate Judge Stephen L. Crocker on 12/21/2020. (nln), (ps) (Entered: 12/21/2020)
12/21/2020
Set Briefing Deadlines as to 50 MOTION FOR SUMMARY JUDGMENT on Exhaustion Grounds. Plaintiff's Brief in Opposition due 1/11/2021. Defendants' Brief in Reply due 1/19/2021. (nln), (ps) (Entered: 12/21/2020)
12/21/2020
53
Motion to Stay Discovery and Case Deadlines by Defendants Murphy, Nybus, Pollack. (Jaber, Samir), (ps) (Entered: 12/21/2020)
12/21/2020
52
Declaration of Emily Davidson filed by Defendants Murphy, Nybus, Pollack re: 50 Motion for Summary Judgment (Attachments: # 1 Exhibit 1000 Inmate Complaint History Report, # 2 1001 Returned Complaints, # 3 Exhibit 1002 JCI 2019-13512) (Jaber, Samir), (ps) (Entered: 12/21/2020)
12/21/2020
51
Brief in Support of 50 Motion for Summary Judgment on Exhaustion Grounds by Defendants Murphy, Nybus, Pollack (Jaber, Samir), (ps) (Entered: 12/21/2020)
12/21/2020
50
MOTION FOR SUMMARY JUDGMENT on Exhaustion Grounds by Defendants Murphy, Nybus, Pollack. (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 12/21/2020)
12/16/2020
49
Motion for Emergency Injunctive Relief by Plaintiff James McDonald. (Attachments: # 1 Envelope, # 2 Special Handling Summary, # 3 Envelope) (aom), (ps) (Entered: 12/16/2020)
12/15/2020
48
Declaration of Samir S. Jaber filed by Defendants Murphy, Nybus, Pollack re: 41 Motion to Compel (Attachments: # 1 Exhibit Exhibit 1000: Jaber Letter Enclosing Lott Statement) (Jaber, Samir), (ps) (Entered: 12/15/2020)
12/15/2020
47
Brief in Opposition by Defendants Murphy, Nybus, Pollack re: 41 Motion to Compel filed by James McDonald (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 12/15/2020)
12/14/2020
46
Motion to Add the Secretary of the Wisconsin Department of Corrections as a Defendant in his official capacity by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (aom), (ps) (Entered: 12/14/2020)
12/07/2020
45
Response Stating No Opposition by Defendants Murphy, Nybus, Pollack re: 40 Motion for Miscellaneous Relief filed by James McDonald (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 12/07/2020)
12/03/2020
44
Notice of Appearance filed by Samir Sadoun Jaber for Defendant Unknown Officer. (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 12/03/2020)
12/03/2020
43
Acceptance of Service by DOJ on behalf of Defendant Unknown Officer. (Flugaur, Brandon), (ps) (Entered: 12/03/2020)
12/03/2020
42
Notice of Appearance filed by Brandon Flugaur for Defendant Unknown Officer. (Attachments: # 1 Certificate of Service) (Flugaur, Brandon), (ps) (Entered: 12/03/2020)
12/02/2020 Set Deadlines as to 41 Motion to Compel. Defendant's Brief in Opposition due 12/16/2020. Plaintiff's Brief in Reply due 12/23/2020. (aom), (ps) (Entered: 12/02/2020)
12/02/2020
41
Motion to Compel by Plaintiff James McDonald. (Attachments: # 1 Certification, # 2 Cover Letter, # 3 Envelope) (aom), (ps) (Entered: 12/02/2020)
11/23/2020
Set Briefing Deadlines as to 40 Letter from Plaintiff James McDonald identifying Officer Pollack as officer who was working the night of January 31, 2019; and regarding video evidence requested through discovery. Defendants' response due 12/7/2020. Plaintiff's reply due 12/21/2020. (nln), (ps) (Entered: 11/23/2020)
11/20/2020
40
Letter from Plaintiff James McDonald identifying Officer Pollack as officer who was working the night of January 31, 2019; and regarding video evidence requested through discovery. (Attachments: # 1 Envelope) (nln), (ps) (Entered: 11/20/2020)
10/30/2020
39
** TEXT ONLY ORDER ** ORDER granting Plaintiff's 35 Motion for Extension of Time to File Amended Complaint Naming Doe Defendants. Plaintiff's Amended Complaint Naming Doe Defendants now due 11/30/2020. Defendants' Answer to Amended Complaint due 12/21/2020. Dispositive Motions for Failure to Exhaust Administrative Remedies due 12/21/2020. Signed by Magistrate Judge Stephen L. Crocker on 10/30/2020. (nln), (ps) (Entered: 10/30/2020)
10/30/2020
38
Response Stating No Opposition by Defendants Murphy, Nybus re: 35 MOTION for Extension of Time filed by James McDonald (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 10/30/2020)
10/27/2020
37
Letter from clerk's office in response to 36 letter from plaintiff. (jef), (ps) (Entered: 10/27/2020)
10/26/2020
36
Letter from plaintiff requesting copies of Exhibits D, E, F. (Attachments: # 1 Envelope) (jef), (ps) (Entered: 10/26/2020)
10/23/2020
Set Deadlines as to 35 Letter from Plaintiff James McDonald re: discovery requests sent to defendants and requesting extension of time to file Amended Complaint Naming Doe Defendant. Defendants' response due 10/30/2020. (nln), (ps) (Entered: 10/23/2020)
10/23/2020
Set Deadlines as to 35 Letter from Plaintiff James McDonald re: discovery requests sent to defendants and requesting extension of time to file Amended Complaint Naming Doe Defendant. Defendants' response due 10/30/2020. (nln), (ps) (Entered: 10/23/2020)
10/21/2020
34
Letter from Plaintiff regarding Westlaw cases. (lam), (ps) (Entered: 10/21/2020)
10/21/2020
33
MOTION FOR PRELIMINARY INJUNCTION and/or Protective Order by Plaintiff James McDonald. (Attachments: # 1 Exhibits D, E, F Inmate Complaint Documents for incident on March 7, 2019, # 2 Exhibits D, E, F Inmate Complaint Documents for incident on September 13, 2020, # 3 Memo from Warden regarding Quarantine dated October 17, 2020, # 4 Envelope) (lam), (ps) (Entered: 10/21/2020)
10/07/2020
32
Letter to Judge Conley from plaintiff James McDonald requesting the court reconsider plaintiff's injunction motion; and assistance in recruiting counsel. Attachments: # 1 Cover Letter, # 2 Envelope) (nln), (ps) (Entered: 10/07/2020)
09/18/2020
31
Letter from Clerk's Office regarding 30 Copies Request. (aom), (ps) (Entered: 09/18/2020)
09/18/2020
30
Letter Requesting 1983 Complaint Packet and Copies Plaintiff James McDonald. Complaint Packet Mailed. (Attachments: # 1 Envelope) (aom), (ps) (Entered: 09/18/2020)
09/14/2020
29
Clerk's office letter to plaintiff re: 28 discovery request. (nln), (ps) (Entered: 09/14/2020)
09/14/2020
28
Request / Motion for Discovery (Identifying Doe Defendants) by Plaintiff James McDonald. (Attachments: # 1 Cover Letter and Envelope) (nln), (ps) (Entered: 09/14/2020)
09/01/2020
27
** TEXT ONLY ORDER ** In the event that later in this lawsuit the defendants wish to depose the plaintiff, then pursuant to F.R. Civ. Pro. 30(a)(2)(B), permission to conduct this deposition is granted in advance, so that defendants do not need to file a motion asking for permission at that time. Signed by Magistrate Judge Stephen L. Crocker on 9/01/2020. (nln), (ps) (Entered: 09/01/2020)
09/01/2020
26
Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amended Complaint Naming Doe Defendants due 10/30/2020. Answer to Amended Complaint due 11/20/2020. Dispositive Motions for Failure to Exhaust Administrative Remedies due 11/20/2020. Dispositive Motions due 4/16/2021. Rule 26(a)(3) Disclosures and all motions in limine due 10/1/2021. Objections due 10/15/2021. Telephone Final Pretrial Conference set for 10/29/2021 at 10:00 AM. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5087. Jury Selection and Trial set for 11/8/2021 at 08:30 AM. Signed by Magistrate Judge Stephen L. Crocker on 9/1/2020. (jef), (ps) (Entered: 09/01/2020)
09/01/2020
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 8/27/2020 [:25] (cak), (ps) (Entered: 09/01/2020)
07/28/2020
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 8/27/2020 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5153. [Notice Regarding the Telephone Preliminary Pretrial Conference attached] (nln), (ps) (Entered: 07/28/2020)
07/28/2020
25
ANSWER with Jury Demand by Defendants Murphy, Nybus. (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 07/28/2020)
06/11/2020
24
Notice that for the remainder of this lawsuit, with respect to the defendants the Wisconsin Department of Justice has accepted service for, plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Department. (nln), (ps) (Entered: 06/11/2020)
06/11/2020
23
Notice of Appearance filed by Brandon Flugaur for Defendants Murphy, Nybus. (Flugaur, Brandon), (ps) (Entered: 06/11/2020)
06/11/2020
22
Acceptance of Service by DOJ on behalf of Defendants Murphy, Nybus. Service not accepted on behalf of Unknown Officers, DOE Defendants. (Jaber, Samir), (ps) (Entered: 06/11/2020)
06/11/2020
21
Notice of Appearance filed by Samir Sadoun Jaber for Defendants Murphy, Nybus. (Attachments: # 1 Certificate of Service) (Jaber, Samir), (ps) (Entered: 06/11/2020)
05/29/2020
20
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Murphy, Nybus and Unknown Officer. Leave to proceed denied and case dismissed against remaining Unknown Officers. Materials delivered to DOJ for acceptance of service. Plaintiff's motion for a preliminary injunction and requests for a ruling on that motion (dkt. 9, 13, 15, 16, 17) are DENIED WITHOUT PREJUDICE. Signed by District Judge William M. Conley on 5/29/2020. (rks), (ps) (Entered: 05/29/2020)
05/11/2020
19
Clerk's office response to 18 letter from plaintiff. (nln), (ps) (Entered: 05/11/2020)
05/11/2020
18
Letter Requesting Status Update by Plaintiff James McDonald. (Attachments: # 1 Envelope) (nln), (ps) (Entered: 05/11/2020)
03/20/2020
17
Letter from plaintiff regarding retaliation and re 9 motion for preliminary injunction. (Attachments: # 1 Envelope) (jef), (ps) (Entered: 03/20/2020)
02/03/2020
16
Letter from Plaintiff James McDonald regarding 9 Motion for Preliminary Injunction, and requesting to amend complaint. (Attachments: # 1 Envelope) (nln), (ps) (Entered: 02/03/2020)
01/30/2020
15
Letter from plaintiff James McDonald providing additional information re: 9 motion for preliminary injunction and requesting to be moved to another jail outside this district. (Attachments: # 1 Exhibit A - Adult Conduct Report, # 2 Exhibit B - Disbursement Request and envelope addressed to State Law Librarian, # 3 Exhibit C - Gundersen Health System Letter to Plaintiff dated 3/28/19 and Loan Application & Repayment Agreement, # 4 Envelope) (nln), (ps) (Entered: 01/30/2020)
12/16/2019
14
Letter / Supplement to 9 Motion for Preliminary Injunction, filed by James McDonald. (Attachments: # 1 Exhibit A - Disbursement request, # 2 Exhibit B - Letter from RN, Gunderson Health, # 3 Exhibit C - Adult Conduct Report, # 4 Supplemental 1 - ICE receipt, JCI-2019-21268, # 5 Supp. 2 - Interview/information request, # 6 Cover Letter, # 7 Envelope) (jef), (ps) (Entered: 12/16/2019)
12/09/2019
13
Motion for Ruling on 9 Motion for Preliminary Injunction, filed by James McDonald. (Attachments: # 1 Cover Letter and Envelope) (nln), (ps) (Entered: 12/09/2019)
09/18/2019
12
AMENDED COMPLAINT by Plaintiff James McDonald. (Attachments: # 1 Cover Letter, # 2 Envelope) (rks), (ps) Operative pleading per dkt. 20 order. (jef) (Entered: 09/18/2019)
09/05/2019
11
Declaration of LaShawn Brooks filed by Plaintiff James McDonald re: 9 Motion for Preliminary Injunction. (rks), (ps) (Entered: 09/09/2019)
09/05/2019
10
Affidavit of James McDonald filed by Plaintiff James McDonald re: 9 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit - Prescription Information, # 2 Exhibit D - Conduct Report, # 3 Exhibit F - Excerpt from JCI Rule Book, # 4 Cover Letter, # 5 Envelope) (rks), (ps) (Entered: 09/09/2019)
08/28/2019
9
MOTION FOR PRELIMINARY INJUNCTION and Supporting Affidavit by Plaintiff James McDonald. (Attachments: # 1 Exhibit A - Inmate Complaint, ICE Report Complaint Number JCI-2019-13512, Inmate Performance Evaluation, # 2 Exhibit B - Reviewing Authority's Decision Complaint Number JCI-2019-13512, A and B side Mail List, # 3 Proposed Order to Show Cause for a Preliminary Injunction, # 4 Cover Letter and Envelope) (nln), (ps) (Entered: 08/28/2019)
07/09/2019
8
Warden PLRA Letter. (nln), (ps) (Entered: 07/09/2019)
07/09/2019
7
***Case Reopened, $4.75 Initial Partial Filing Fee received on 7/9/2019. (nln), (ps) (Entered: 07/09/2019)
07/09/2019
Partial Filing fee received: $4.75, receipt number 34690034897. (nln), (ps) (Entered: 07/09/2019)
07/08/2019
6
Clerk's Office response to 5 Letter from plaintiff regarding the filing fee. (rks), (ps) (Entered: 07/08/2019)
07/03/2019
5
Letter from plaintiff regarding the filing fee. (Attachments: # 1 Envelope) (jef), (ps) (Entered: 07/03/2019)
06/24/2019 Civil case terminated for plaintiff's failure to pay initial partial filing fee. No fee is owed for filing this case. (nln), (ps) (Entered: 06/24/2019)
05/02/2019
4
ORDER on ifp request: Plaintiff James McDonald assessed an initial partial filing fee of $4.75 due 5/24/2019. Signed by Magistrate Judge Peter A. Oppeneer on 5/2/2019. (nln), (ps) (Entered: 05/02/2019)
03/22/2019
3
ORDER on ifp request: Plaintiff to submit Trust Fund Account Statement due by 4/15/2019. Signed by Magistrate Judge Peter A. Oppeneer on 3/22/2019. (rks), (ps) (Entered: 03/22/2019)
03/22/2019
2
Motion for Leave to Proceed in forma pauperis by Plaintiff James McDonald. (rks), (ps) (Entered: 03/22/2019)
03/22/2019
1
COMPLAINT against Sgt. (Unknown), Officer Murphy, Unknown Officers, filed by James McDonald. (Case nonrandomly assigned to District Judge William M. Conley.) (Attachments: # 1 Cover Letter, # 2 Envelope) (rks) (Entered: 03/22/2019)