Wilkerson v. Eplett et al

Wisconsin Eastern District Court
Judge:Stephen C Dries
Case #: 2:24-cv-00791
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Jun 25, 2024

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Docket last updated: 52 minutes ago
Thursday, May 01, 2025
37 37 order Notice and Order Regarding Summary Judgment Filing Thu 05/01 8:01 AM
NOTICE and ORDER signed by Magistrate Judge Stephen C Dries on 5/1/2025 that, if by 6/2/2025, plaintiff does not respond to the summary judgment motion or does not request additional time to do so, the court will accept all facts asserted by the defendants as undisputed and may grant the motion for noncompliance. (cc: all counsel and mailed to pro se party)(amb)
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Wednesday, April 30, 2025
36 36 1 pgs order Order Reassigning Case to Magistrate Judge on Consent ~Util - Set/Clear Flags Wed 04/30 11:50 AM
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 4/30/2025. Case reassigned to Magistrate Judge Stephen C Dries for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel, via mail to Dwight Wilkerson at Oshkosh Correctional Institution)(jm)
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Tuesday, April 29, 2025
35 35 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Tue 04/29 12:06 PM
Magistrate Judge Jurisdiction Form filed by Kristen Wiesner. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.)(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Wednesday, April 23, 2025
notice Notice by Clerk to Counsel Re Consent to Magistrate Wed 04/23 9:01 AM
NOTICE from the clerk to Defendant Kristen Wiesner requesting that the Consent/Refusal form to Magistrate Judge Stephen Dries be filed within 21 days; the form is available[LINK:here] . (rcm)
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Tuesday, April 22, 2025
34 34 misc Amended Document (NOT Motion) Tue 04/22 12:12 PM
AMENDED DOCUMENT by Kristen Wiesner. Second Amended Acceptance of Service (Pfefferle, Kathryn)
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33 33 notice Notice of Appearance Tue 04/22 12:11 PM
NOTICE of Appearance by Kathryn Pfefferle on behalf of Kristen Wiesner. Attorney(s) appearing: Kathryn A. Pfefferle(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Thursday, April 03, 2025
32 32 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Thu 04/03 12:50 PM
Magistrate Judge Jurisdiction Form filed by Michael Milner. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.)(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
notice Notice by Clerk to Counsel Re Consent to Magistrate Thu 04/03 8:57 AM
NOTICE from the clerk to Defendant Michael Milner requesting that the Consent/Refusal form to Magistrate Judge Stephen Dries be filed within 21 days; the form is available[LINK:here] . (rcm)
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Wednesday, April 02, 2025
31 31 misc Amended Document (NOT Motion) Wed 04/02 12:19 PM
AMENDED DOCUMENT by Michael Milner, Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl. Amended Acceptance of Service (Pfefferle, Kathryn)
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30 30 notice Notice of Appearance Wed 04/02 12:18 PM
NOTICE of Appearance by Kathryn Pfefferle on behalf of Michael Milner. Attorney(s) appearing: Kathryn A. Pfefferle(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Thursday, March 27, 2025
29 29 service Summons Returned Executed Thu 03/27 3:40 PM
SUMMONS Returned Executed. Kristen Wiesner served on 3/27/2025. See Remarks on US285 form; Kristen Wiesner accepted service.(bx)
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Att: 1 Proof of Service
Tuesday, March 25, 2025
28 28 service US Marshal 285 Form Tue 03/25 1:58 PM
US Marshal 285 Form as to Michael Milner - Summons received by Corporation Service Co via Certified Mail on 3/12/2025. (rcm)
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Friday, March 07, 2025
27 27 service Summons Returned Unexecuted Fri 03/07 10:27 AM
Summons Returned Unexecuted as to Michael Milner - USMS to attempt to serve Michael Milner by mailing summons to Registered Agent. (rcm)
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Tuesday, February 18, 2025
26 26 misc Transmit Complaint/Notice/Waiver Tue 02/18 2:25 PM
TRANSMIT Amended Complaint, Second Screening Order, Summons, Consent to USMS on 2/18/2025 for service on Defendants Michael Milner and Kristen Wiesner. (rcm)
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25 25 service Waiver of Service Unexecuted Tue 02/18 1:51 PM
Waiver of Service Returned Unexecuted as to Kristen Wiesner and Michael Milner. (rcm)
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service Summons Issued Tue 02/18 2:26 PM
Summons Issued as to Michael Milner, Kristen Wiesner. (rcm)
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Wednesday, February 05, 2025
24 24 4 pgs order Order on Motion to Appoint Counsel Order on Motion for Leave to File Wed 02/05 12:53 PM
ORDER signed by Judge J P Stadtmueller on 2/5/2025: DENYING without prejudice22 Plaintiff's Motion to Appoint Counsel and DENYING without prejudice23 Plaintiff's Motion for Leave to Amend Complaint. (cc: all counsel, via mail to Dwight Wilkerson at Oshkosh Correctional Institution)(jm)
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Wednesday, January 29, 2025
23 23 motion Leave to File Document Wed 01/29 11:10 AM
MOTION for Leave to File Amended Complaint by Dwight Wilkerson. (kwf)
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Att: 1 Proposed Amended Complaint
Tuesday, January 21, 2025
22 22 motion Appoint Counsel Tue 01/21 11:09 AM
MOTION to Appoint Counsel by Dwight Wilkerson. (mav)
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Thursday, January 16, 2025
21 21 misc Declaration Thu 01/16 1:23 PM
DECLARATION of Sarah Feltes(Pfefferle, Kathryn)
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Att: 1 Exhibit 1003-ICE Return and Complaint
20 20 misc Declaration Thu 01/16 1:21 PM
DECLARATION of Emily Davidson(Pfefferle, Kathryn)
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Att: 1 Exhibit 1000-Inmate Complaint History Report,
Att: 2 Exhibit 1001-OSCI-2024-6322 (Redacted),
Att: 3 Exhibit 1002-OSCI-2024-6985 (Redacted)
19 19 trial Proposed Findings of Fact Thu 01/16 1:18 PM
Proposed Findings of Fact by Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl (Pfefferle, Kathryn)
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18 18 respm Brief in Support of Motion Thu 01/16 1:16 PM
BRIEF in Support filed by Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl re17 MOTION for Summary Judgment on Exhaustion Grounds . (Pfefferle, Kathryn)
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17 17 motion Summary Judgment Thu 01/16 1:15 PM
MOTION for Summary Judgment on Exhaustion Grounds by Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl. (Pfefferle, Kathryn)
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16 16 answer Answer to Amended Complaint Thu 01/16 1:14 PM
ANSWER to10 Amended Complaint with Jury Demand by Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl.(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Wednesday, January 15, 2025
15 15 misc Transmit Complaint/Notice/Waiver Wed 01/15 1:47 PM
TRANSMIT11 Second Screening Order,10 Amended Complaint, Notice, Waiver, and Consent to US Marshal for service upon Defendants Kristen Wiesner and Michael Milner. (mew)
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14 14 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Wed 01/15 9:32 AM
Magistrate Judge Jurisdiction Form filed by Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.)(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Tuesday, January 14, 2025
notice Notice by Clerk to Counsel Re Consent to Magistrate Tue 01/14 2:42 PM
NOTICE from the clerk to Defendants Tracy Thompson, Julie Ludwig, Kelly Pelky, Dawn Proehl requesting that the Consent/Refusal form to Magistrate Judge Stephen Dries be filed within 21 days; the form is available[LINK:here] . (rcm)
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Monday, January 13, 2025
13 13 service Acceptance of Service by DOJ Mon 01/13 11:01 AM
ACCEPTANCE OF SERVICE BY DOJ as to Ludwig, Pelky, D Proehl, Tracy Thompson (Pfefferle, Kathryn)
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12 12 notice Notice of Appearance Mon 01/13 11:00 AM
NOTICE of Appearance by Kathryn Pfefferle on behalf of Tracy Thompson, Ludwig, Pelky, D Proehl. Attorney(s) appearing: Kathryn A. Pfefferle(Pfefferle, Kathryn)
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Att: 1 Certificate of Service
Monday, December 02, 2024
11 11 9 pgs order Order on Motion for Extension of Time Mon 12/02 11:01 AM
SECOND SCREENING ORDER signed by Judge J P Stadtmueller on 12/2/2024. IT IS ORDERED that Plaintiff's motion for an extension of time to file an amended complaint, ECF No.8 , be and the same is hereby GRANTED; IT IS FURTHER ORDERED that Defendant Eplett be and the same is hereby DISMISSED for the failure to state a claim against her; IT IS FURTHER ORDERED that under an informal service agreement between the Wisconsin Department of Justice and this Court, a copy of the complaint and this Order have been electronically transmitted to the Wisconsin Department of Justice for service on Defendants Thompson, Ludwig, Pelky, Proehl, Wiesner, and Milner; IT IS FURTHER ORDERED that under the informal service agreement, Defendants shall file a responsive pleading to the complaint within sixty (60) days; IT IS FURTHER ORDERED that Defendants raise any exhaustion-related challenges by filing a motion for summary judgment within forty-five (45) days of service (cc: all counsel and mailed to pro se party)(rcm)
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utility Terminate Party - Notice Attorneys Mon 12/02 11:02 AM
Party Cheryl Eplett terminated. (rcm)
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Tuesday, October 15, 2024
10 10 cmp Amended Complaint Tue 10/15 3:34 PM
AMENDED COMPLAINT against All Defendants filed by Dwight Wilkerson. (jmk)
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Att: 1 Health Service Request Forms,
Att: 2 Cover Letter
Wednesday, October 09, 2024
9 9 cmp Amended Complaint Wed 10/09 4:24 PM
AMENDED COMPLAINT against All Defendants filed by Dwight Wilkerson. (kwf)
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Tuesday, October 01, 2024
8 8 motion Extension of Time Tue 10/01 4:10 PM
MOTION for Extension of Time to File Amended Complaint by Dwight Wilkerson. (mav)
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Wednesday, September 25, 2024
7 7 9 pgs order Order on Motion for Leave to Proceed Without Prepayment of the Filing Fee Wed 09/25 11:03 AM
SCREENING ORDER re1 Plaintiff's Complaint signed by Judge J P Stadtmueller on 9/25/2024.2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee is GRANTED; agency having custody of Plaintiff to COLLECT the balance of the filing fee as specified. By 10/16/2024, Plaintiff to FILE an amended complaint; failure to timely do so will result in dismissal of this action. See Order. (cc: all counsel, via mail to Dwight Wilkerson with prisoner amended complaint form and prisoner/pro se guides and to Warden (order only) at Oshkosh Correctional Institution)(jm)
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Thursday, July 25, 2024
misc Initial Partial Filing Fee Received Thu 07/25 3:01 PM
INITIAL PARTIAL FILING FEE Received: $31.10, Receipt Number: MK 96151. The payment of all future filing fees will be maintained by the financial department. (mew)
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Thursday, July 11, 2024
6 6 4 pgs order Order Directing Prisoner Payment Thu 07/11 3:38 PM
ORDER signed by Judge J P Stadtmueller on 7/11/2024 ORDERING that on or before 8/12/2024, Plaintiff shall forward to the Clerk of Court the sum of $31.10 as an initial partial filing fee in this action. (cc: all counsel, via mail to Dwight Wilkerson and Warden at Oshkosh Correctional Institution)(jm)
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Tuesday, July 02, 2024
5 5 misc Prisoner Trust Fund Account Statement Tue 07/02 9:35 AM
Prisoner Trust Fund Account Statement by Dwight Wilkerson. (jmk)
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4 4 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Tue 07/02 9:35 AM
Magistrate Judge Jurisdiction Form filed by Dwight Wilkerson. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (jmk)
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Tuesday, June 25, 2024
3 3 misc Letter from Clerk re Consent to Magistrate Tue 06/25 11:17 AM
LETTER from the Clerk to Dwight Wilkerson re Consent/Refusal to Magistrate Judge Stephen C Dries and requesting that the consent/refusal form be filed within 21 days. Also requesting that a six-month certified prisoner trust account statement be filed within 21 days. (kwf)
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2 2 motion Proceed Without Prepayment of the Filing Fee Tue 06/25 11:11 AM
MOTION for Leave to Proceed Without Prepayment of the Filing Fee by Dwight Wilkerson. (kwf)
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1 1 cmp Complaint - Prisoner Tue 06/25 11:10 AM
PRISONER COMPLAINT with Jury Demand filed against All Defendants by Dwight Wilkerson. (kwf)
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