Brown v. Wiltzius

Wisconsin Eastern District Court
Judge:Stephen C Dries
Case #: 2:24-cv-00915
Nature of Suit560 Prisoner Petitions - Civil Detainee - Conditions of Confinement
Cause42:1983 Prisoner Civil Rights
Case Filed:Jul 19, 2024

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Docket last updated: 4 hours ago
Wednesday, April 30, 2025
order Order on Motion for Summary Judgment Order on Motion for Partial Summary Judgment Wed 04/30 12:12 PM
TEXT ONLY ORDER signed by Magistrate Judge Stephen C. Dries on April 30, 2025, DENYING without prejudice plaintiff Miquel D. Brown's motion for summary judgment19 . Discovery just started and the defendants have an opportunity to file a motion for summary judgment on the grounds that Brown failed to exhaust his administrative remedies. These deadlines should pass before motions for summary judgment on the merits are considered. Brown should note that he is not required to file a summary judgment motion. Because the plaintiff has the burden of proof at trial, it is generally the defendant who moves for summary judgment on the ground that plaintiff lacks the evidence to meet that burden. (cc: all counsel and mailed to pro se party)(kah)
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Tuesday, April 29, 2025
19 19 motion Summary Judgment Partial Summary Judgment Tue 04/29 3:11 PM
MOTION for Summary Judgment OR MOTION for Partial Summary Judgment by Miquel D Brown.(amb)
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Att: 1 Appendix,
Att: 2 Cover Letter,
Att: 3 Envelope
Tuesday, April 08, 2025
18 18 misc Filing Fee Paid in Full Tue 04/08 11:47 AM
FILING FEE PAID IN FULL. (mew)
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Tuesday, April 01, 2025
17 17 order Scheduling Order Tue 04/01 9:10 AM
SCHEDULING ORDER: signed by Magistrate Judge Stephen C Dries on 4/1/2025. Discovery due by 9/15/2025, dispositive motions re exhaustion due by 6/16/2025, dispositive motions due by 10/15/2025. (cc: all counsel and mailed to pro se party)(amb)
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Friday, March 28, 2025
16 16 answer Answer to Amended Complaint Fri 03/28 10:57 AM
ANSWER to8 Amended Complaint with Jury Demand by All Defendants.(Burger, Amy)
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Att: 1 Renumbered Amended Complaint,
Att: 2 Certificate of Service
Wednesday, February 19, 2025
15 15 1 pgs order Order Reassigning Case to Magistrate Judge on Consent ~Util - Set/Clear Flags Wed 02/19 12:24 PM
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 2/19/2025. 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 Miquel D Brown at Kettle Moraine Correctional Institution)(jm)
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Tuesday, February 18, 2025
14 14 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Tue 02/18 5:18 PM
Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.)(Burger, Amy)
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Att: 1 Certificate of Service
notice Notice by Clerk to Counsel Re Consent to Magistrate Tue 02/18 11:29 AM
NOTICE from the clerk to DEFENDANTS 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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Friday, February 14, 2025
13 13 notice Notice of Appearance Fri 02/14 2:14 PM
NOTICE of Appearance by Rebecca A Paulson on behalf of All Defendants. Attorney(s) appearing: Rebecca A. Paulson (Paulson, Rebecca)
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12 12 service Acceptance of Service by DOJ Fri 02/14 2:11 PM
ACCEPTANCE OF SERVICE BY DOJ as to All Defendants (Burger, Amy)
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11 11 notice Notice of Appearance Fri 02/14 2:10 PM
NOTICE of Appearance by Amy Marie Burger on behalf of All Defendants. Attorney(s) appearing: Amy M. Burger(Burger, Amy)
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Att: 1 Certificate of Service
Tuesday, January 28, 2025
10 10 11 pgs order Order on Motion Tue 01/28 5:08 PM
SCREENING ORDER re8 Plaintiff's Amended Complaint signed by Judge J P Stadtmueller on 1/28/2025.9 Plaintiff's Motion for Leave to Pay Remainder of Filing Fee from Release Account is DENIED. Plaintiff may PROCEED on: Access to Court claim against Defendant Wiltzius and Fourteenth Amendment Due Process claim against Defendants Puterbaugh and Doying. Copies of Plaintiff's Amended Complaint and this Order to be electronically SENT to the WI DOJ for service on Defendants, who shall FILE a responsive pleading within 60 days. Defendants to FILE any exhaustion-related challenges in a motion for summary judgment within 45 days. Motions to dismiss must comply with specified requirements. See Order. (cc: all counsel, via mail to Miquel D Brown at Kettle Moraine Correctional Institution)(jm)
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Tuesday, November 12, 2024
9 9 2 pgs motion Order Wed 11/13 11:39 AM
MOTION for Order to Pay Whole of Filing Fee from Institutional Release Account by Miquel D Brown. (rcm)
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8 8 cmp Amended Complaint Wed 11/13 11:37 AM
AMENDED COMPLAINT with Jury Demand against Jeremy Wiltzius, Mark Puterbaugh, Denice Doying filed by Miquel D Brown.(rcm)
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Wednesday, October 23, 2024
7 7 11 pgs order Order on Motion for Leave to Proceed Without Prepayment of the Filing Fee Wed 10/23 2:48 PM
SCREENING ORDER re1 Plaintiff's Complaint signed by Judge J P Stadtmueller on 10/23/2024.2 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 11/13/2024, Plaintiff to FILE an amended complaint; failure to timely do so will result in dismissal of this action and issuance of a "strike." See Order. (cc: all counsel, via mail to Miquel D Brown with prisoner amended complaint form and prisoner/pro se guides and to Warden (order only) at Kettle Moraine Correctional Institution)(jm)
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Friday, September 13, 2024
misc Initial Partial Filing Fee Received Fri 09/13 3:40 PM
INITIAL PARTIAL FILING FEE Received: $113.51, Receipt Number: MK 96614. The payment of all future filing fees will be maintained by the financial department. (mew)
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Friday, August 09, 2024
6 6 4 pgs order Order Directing Prisoner Payment Fri 08/09 2:06 PM
ORDER signed by Judge J P Stadtmueller on 8/9/2024 that on or before 9/9/2024 plaintiff shall forward to the Clerk of Court the sum of $ 113.51 as an initial partial filing fee in this action. (cc: all counsel and mailed to pro se party; Order mailed to Warden of Institution)(rcm)
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Friday, August 02, 2024
5 5 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Fri 08/02 3:37 PM
Magistrate Judge Jurisdiction Form filed by Miquel D Brown. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (rcm)
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Friday, July 26, 2024
4 4 misc Prisoner Trust Fund Account Statement Fri 07/26 3:27 PM
Prisoner Trust Fund Account Statement by Miquel D Brown.(rcm)
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Att: 1 Cover Letter,
Att: 2 Envelope
Monday, July 22, 2024
3 3 misc Letter from Clerk re Consent to Magistrate Mon 07/22 9:03 AM
LETTER from the clerk to Miquel D Brown 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. (mew)
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Friday, July 19, 2024
2 2 motion Proceed Without Prepayment of the Filing Fee Mon 07/22 8:58 AM
MOTION for Leave to Proceed Without Prepayment of the Filing Fee by Miquel D Brown. (mew)
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1 1 cmp Complaint - Prisoner Mon 07/22 8:57 AM
PRISONER COMPLAINT with Jury Demand filed against Jeremy Wiltzius by Miquel D Brown.(mew)
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Att: 1 Envelope