DeGroot, Derek v. Bureau of Health Services et al
| Wisconsin Western District Court | |
| Judge: | William M Conley |
| Referred: | Anita Marie Boor |
| Case #: | 3:23-cv-00819 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Nov 27, 2023 |
Defendant
Daniel LaVoie
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Defendant
Derek Wilson
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Defendant
Haylee Hoyt
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Defendant
Heather Holden
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Defendant
Jamie Barker
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Defendant
Jane Doe
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Plaintiff
Derek J. DeGroot
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GPO
Nov 27 2023
ORDER directing Plaintiff to submit $405 filing fee or a motion leave to proceed without prepayment of the filing fee and a Trust Fund Account Statement by 12/19/2023. Signed by Magistrate Judge Andrew R. Wiseman on 11/27/2023. (jef),(ps) |
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GPO
Dec 12 2023
ORDER on ifp request: Initial partial filing fee of $ 287.52 assessed. Initial partial filing fee due 1/9/2024. Signed by Magistrate Judge Andrew R. Wiseman on 12/12/2023. (jef),(ps) |
| Docket last updated: 19 minutes ago |
| Wednesday, March 26, 2025 | ||
| 46 | 46
order
Order on Motion for Extension of Time
Wed 03/26 9:09 AM
** TEXT ONLY ORDER ** Plaintiff Derek DeGroot, a state prisoner who represents himself, has filed a motion for a 30-day extension of time to respond to defendants' motions for summary judgment. (Dkt. #45 .) Plaintiff's motion is GRANTED. Plaintiff's response must be received by May 14, 2025. Defendants shall file their reply by June 2, 2025. Signed by District Judge William M. Conley on 3/26/2025. (voc),(ps) |
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| Tuesday, March 25, 2025 | ||
| 45 | 45
motion
Extension of Time
Tue 03/25 3:34 PM
Motion for Extension of Time to File brief in Opposition to Defendants' motions for Summary Judgment by Plaintiff Derek J. DeGroot. (voc),(ps) |
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Att: 1
Envelope
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| Friday, March 14, 2025 | ||
| 44 | 44
respm
Declaration
Fri 03/14 11:58 AM
Declaration of Daniel La Voie, M.D. filed by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson re:40 Motion for Summary Judgment (Pfefferle, Kathryn),(ps) |
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| 43 | 43
respm
Declaration
Fri 03/14 11:57 AM
Declaration of Jamie Barker filed by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson re:40 Motion for Summary Judgment (Pfefferle, Kathryn),(ps) |
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Att: 1
Exhibit 1000-Medical Record Excerpts (Redacted)
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| 42 | 42
respm
Proposed Findings of Fact
Fri 03/14 11:54 AM
Proposed Findings of Fact filed by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson re:40 Motion for Summary Judgment (Pfefferle, Kathryn),(ps) |
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| 41 | 41
respm
Brief in Support
Fri 03/14 11:53 AM
Brief in Support of40 Motion for Summary Judgment by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson (Pfefferle, Kathryn),(ps) |
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| 40 | 40
motion
Summary Judgment
Fri 03/14 11:52 AM
MOTION FOR SUMMARY JUDGMENT by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. (Pfefferle, Kathryn),(ps) |
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Att: 1
Certificate of Service
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utility
Set Briefing Deadlines
Fri 03/14 3:12 PM
Set/Reset Briefing Deadlines as to35 MOTION FOR SUMMARY JUDGMENT by Defendant Heather Holden. ,40 MOTION FOR SUMMARY JUDGMENT by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. [[LINK:Pro Se Summary Judgment Procedure for Cases Assigned to Judge Conley] attached.] Brief in Opposition due 4/14/2025. Brief in Reply due 4/24/2025. (voc),(ps) |
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| Wednesday, March 12, 2025 | ||
| 39 | 39
service
Certificate of Service
Wed 03/12 3:29 PM
Certificate of Service by Defendant Heather Holden as to36 Brief in Support,35 MOTION FOR SUMMARY JUDGMENT ,38 Declaration,,37 Proposed Findings of Fact. (Scipior, Vincent),(ps) |
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| 38 | 38
respm
Declaration
Wed 03/12 3:02 PM
Declaration of Attorney Vincent Scipior filed by Defendant Heather Holden re:35 Motion for Summary Judgment (Scipior, Vincent),(ps) |
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Att: 1
Exhibit A - Certified DOC Records,
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Att: 2
Exhibit B - Certified Aspirus Records,
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Att: 3
Exhibit C - Certified Prevea Records,
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Att: 4
Exhibit D - Certified Oakleaf Records,
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Att: 5
Exhibit E - Certified Froedtert Records,
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Att: 6
Exhibit F - Plaintiff's Disclosure of Expert Witnesses,
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Att: 7
Exhibit G - DOC Website Offender Detail Profile,
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Att: 8
Exhibit H - CCAP Case Details 15-CF-909
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| 37 | 37
respm
Proposed Findings of Fact
Wed 03/12 2:43 PM
Proposed Findings of Fact filed by Defendant Heather Holden re:35 Motion for Summary Judgment (Scipior, Vincent),(ps) |
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| 36 | 36
respm
Brief in Support
Wed 03/12 2:41 PM
Brief in Support of35 Motion for Summary Judgment by Defendant Heather Holden (Scipior, Vincent),(ps) |
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| 35 | 35
motion
Summary Judgment
Wed 03/12 2:39 PM
MOTION FOR SUMMARY JUDGMENT by Defendant Heather Holden. (Scipior, Vincent),(ps) |
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| Tuesday, March 04, 2025 | ||
| 34 | 34
order
Order on Motion to Voluntarily Dismiss
Tue 03/04 1:46 PM
** TEXT ONLY ORDER ** Plaintiff Derek DeGroot, a state prisoner who represents himself, has now filed a second motion to voluntarily dismiss his claims against defendant Brittany Blair, a former Department of Corrections employee who has not yet filed an answer. (Dkt. #31 .) Plaintiff's motion for voluntary dismissal is GRANTED. The claims against defendant Brittany Blair are DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Signed by District Judge William M. Conley on 3/4/2025. (voc),(ps) |
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| Friday, February 14, 2025 | ||
| 33 | 33
misc
Expert Witness Disclosures
Fri 02/14 3:35 PM
Expert Witness Disclosures by Defendant Heather Holden (Scipior, Vincent),(ps) |
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Att: 1
Certificate of Service
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| 32 | 32
misc
Expert Witness Disclosures
Fri 02/14 1:12 PM
Expert Witness Disclosures by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson (Pfefferle, Kathryn),(ps) |
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Att: 1
Certificate of Service
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| Friday, February 07, 2025 | ||
| 31 | 31
motion
Voluntarily Dismiss
Fri 02/07 2:31 PM
Second Motion to Voluntary Dismiss Defendant Brittany Blair by Plaintiff Derek J. DeGroot. (voc),(ps) |
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Att: 1
Envelope
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| Wednesday, January 22, 2025 | ||
| 30 | 30
order
Order on Miscellaneous Pro Se Motion
Wed 01/22 1:28 PM
** TEXT ONLY ORDER ** Plaintiff Derek DeGroot, a state prisoner who represents himself, was granted leave to proceed with Eighth Amendment and state-law malpractice claims against several medical providers employed in one capacity or another by the Wisconsin Department of Corrections. (Dkt. #6 .) Plaintiff has now filed a motion to voluntarily dismiss a nurse, defendant Brittany Blair, on the grounds that she has yet to be served, which has delayed his complaint from going forward. (Dkt. #28 .) The motion is DENIED. The same day plaintiff's motion was filed the court received an executed waiver of the service of summons from counsel for defendant Blair, who now has until March 24, 2025 to answer. (Dkt. #29 -1.) If plaintiff still wishes to dismiss defendant Blair from the suit, he must file a second motion for voluntary dismissal of the claims against her within 30 days of the date of this Order. Signed by District Judge William M. Conley on 1/22/2025. (voc),(ps) |
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| Tuesday, January 21, 2025 | ||
| 29 | 29
service
Marshal Service Return Executed
Tue 01/21 4:30 PM
Marshal Service Return Executed/Waiver of Service re:27 Summons Issued. Brittany Blair served on 1/21/2025, answer due 3/24/2025. (voc),(ps) |
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Att: 1
Waiver of Service of Summons
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| 28 | 28
motion
Miscellaneous Pro Se Motion
Tue 01/21 3:30 PM
Motion to Voluntary Dismiss Defendant Brittany Blair by Plaintiff Derek J. DeGroot. (voc),(ps) |
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Att: 1
Envelope
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| Monday, November 25, 2024 | ||
| 27 | 27
service
Summons Issued
Mon 11/25 12:48 PM
Summons Issued as to Brittany Blair. Forwarded to the U.S. Marshals for service. (jef),(ps) |
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| 26 | 26
2
pgs
order
Order Directing USMS to Serve Complaint
Mon 11/25 12:31 PM
ORDER directing the USMS to serve the amended complaint on defendant Brittany Blair. Signed by Magistrate Judge Andrew R. Wiseman on 11/25/2024. (jef),(ps) |
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| Wednesday, November 13, 2024 | ||
| 25 | 25
service
Certificate of Service
Wed 11/13 9:23 AM
Certificate of Service by Defendant Heather Holden as to24 Answer. (Scipior, Vincent),(ps) |
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| Tuesday, November 12, 2024 | ||
| 24 | 24
answer
Answer to Complaint
Tue 11/12 9:21 PM
ANSWER with Jury Demand by Defendant Heather Holden. (Scipior, Vincent),(ps) |
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| Monday, November 11, 2024 | ||
| 23 | 23
misc
Amended Document (NOT Motion)
Mon 11/11 11:15 AM
Amended Document by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. Amendment to9 Acceptance of Service (Pfefferle, Kathryn),(ps) |
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Att: 1
Certificate of Service
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| Wednesday, October 30, 2024 | ||
| 22 | 22
order
Order on Miscellaneous Pro Se Motion
Wed 10/30 10:43 AM
** TEXT ONLY ORDER ** Plaintiff Derek DeGroot, a state prisoner who represents himself, was granted leave to proceed with Eighth Amendment and state-law malpractice claims against several medical providers, including Dr. Daniel LaVoie, who was substituted by the court in place of the Bureau of Health Services. (Dkt. #6 .) Plaintiff has now filed a motion for leave to amend his complaint to identify a Jane Doe defendant by name and clarify his claims against Dr. LaVoie. (Dkt. #20 .) Along with his motion, plaintiff has submitted a complete amended complaint, which raises the same substantive claims for relief as the original, but includes additional allegations of fact. (Dkt. #21 .) Plaintiff's motion for leave to amend is GRANTED. The clerk's office shall revise the caption of this case accordingly to include the names of the defendants identified by plaintiff in his amended complaint. After reviewing the amended complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the court further GRANTS plaintiff leave to proceed with his claims against the named defendants under the Eighth Amendment and state law for the same reasons stated previously. (Dkt. #6 .) Signed by District Judge William M. Conley on 10/30/2024. (voc),(ps) |
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| Tuesday, October 29, 2024 | ||
| 21 | 21
motion
Proposed Amended Complaint
Tue 10/29 12:54 PM
Proposed Amended Complaint by Plaintiff Derek J. DeGroot. (voc),(ps) |
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| 20 | 20
motion
Miscellaneous Pro Se Motion
Tue 10/29 12:53 PM
Motion for Leave to File Amended Complaint by Plaintiff Derek J. DeGroot. (voc),(ps) |
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Att: 1
Certificate of Service,
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Att: 2
Envelope
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| Monday, October 07, 2024 | ||
| 19 | 19
discov
Answer to Interrogatories
Mon 10/07 11:49 AM
Answer to Interrogatories from Derek Degroot by Defendants Jamie Barker, Heather Holden, Haylee Hoyt, Daniel LaVoie, Derek Wilson. (Pfefferle, Kathryn),(ps) |
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| Wednesday, August 21, 2024 | ||
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minutes
Telephone Preliminary Pretrial Conference
Wed 08/21 9:26 AM
Minute Entry for proceedings held before Magistrate Judge Anita M. Boor: Telephone Preliminary Pretrial Conference - Pro Se held on 8/21/2024 [00:25] (ckl),(ps) |
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| Tuesday, August 20, 2024 | ||
| 18 | 18
order
AMB Order Granting Prisoner Depositions
Tue 08/20 3:12 PM
** TEXT ONLY ORDER ** If the defendant(s) decide they want to depose the plaintiff in this lawsuit, I am granting the defendant(s) permission to do so under Fed. R. Civ. P. 30(a)(2)(B). Signed by Magistrate Judge Anita M. Boor on 8/20/24. (jat),(ps) |
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| 17 | 17
order
Pretrial Conference Order
Tue 08/20 3:12 PM
Pretrial Conference Order -[LINK:Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley] attached. Amended Complaint Naming Doe Defendants due 10/28/2024. Answer to Amended Complaint due 11/18/2024. Dispositive Motions for Failure to Exhaust Administrative Remedies due 11/18/2024. Dispositive Motions due 3/14/2025. Telephonic Status Conference set for 8/12/2025 at 10:00 AM before Magistrate Judge Anita M. Boor. Please call (669) 254-5252 and enter meeting ID 161 2455 6623 when prompted. Wait to be admitted into the conference. Submissions for Final Pretrial Conference due 9/19/2025. Responses due 10/3/2025. Zoom Final Pretrial Conference set for 10/17/2025 at 10:00 AM. In-person Final Pretrial Conference set for 10/27/2025 at 08:30 AM. Jury Selection and Trial set for 10/27/2025 at 09:00 AM. Signed by Magistrate Judge Anita M. Boor on 8/20/24. (jat),(ps) |
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| Monday, July 29, 2024 | ||
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utility
Set Pretrial or Status Conference
Mon 07/29 10:29 AM
Telephone Pretrial Conference set for 8/19/2024 at 01:30 PM before Magistrate Judge Anita M. Boor. Counsel for the defendants responsible for facilitating the call. Please call (669) 254-5252 and enter meeting ID 161 2455 6623 when prompted. Wait to be admitted into the conference. [[LINK:Notice Regarding the Telephone Preliminary Pretrial Conference] attached] (lam),(ps) |
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| Friday, July 26, 2024 | ||
| 16 | 16
service
Certificate of Service
Fri 07/26 4:12 PM
Certificate of Service by Defendant Heather Holden as to15 Answer,14 Notice of Appearance. (Scipior, Vincent),(ps) |
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| 15 | 15
answer
Answer to Complaint
Fri 07/26 4:06 PM
ANSWER with Jury Demand by Defendant Heather Holden. (Scipior, Vincent),(ps) |
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| 14 | 14
notice
Notice of Appearance
Fri 07/26 4:04 PM
Notice of Appearance filed by Vincent J. Scipior for Defendant Heather Holden. (Scipior, Vincent),(ps) |
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| Thursday, June 20, 2024 | ||
| 13 | 13
service
Marshal Service Return Executed
Thu 06/20 4:27 PM
Marshal Service Return Executed/Waiver of Service. Heather Holden served on 6/10/2024, answer due 7/28/2024. (acd),(ps) |
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Att: 1
Waiver
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| Thursday, June 13, 2024 | ||
| 12 | 12
answer
Answer to Complaint
Thu 06/13 10:52 AM
ANSWER with Jury Demand by Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. (Pfefferle, Kathryn),(ps) |
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Att: 1
Certificate of Service
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| Tuesday, May 21, 2024 | ||
| 11 | 11
service
Summons Issued
Tue 05/21 1:45 PM
Summons Issued as to Heather Holden. Forwarded to the U.S. Marshals for service. (jef),(ps) |
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| 10 | 10
2
pgs
order
Order Directing USMS to Serve Complaint
Tue 05/21 1:23 PM
ORDER directing USMS to serve the complaint on Heather Holden. Signed by Magistrate Judge Andrew R. Wiseman on 5/21/2024. (jef),(ps) |
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| 9 | 9
service
Acceptance of Service by DOJ
Tue 05/21 9:27 AM
Acceptance of Service by DOJ on behalf of Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. Service not accepted on behalf of Heather Holden. (Pfefferle, Kathryn),(ps) |
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| 8 | 8
notice
Notice of Appearance
Tue 05/21 9:25 AM
Notice of Appearance filed by Kathryn Ann Pfefferle for Defendants Jamie Barker, Haylee Hoyt, Daniel LaVoie, Derek Wilson. (Pfefferle, Kathryn),(ps) |
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Att: 1
Certificate of Service
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| Tuesday, May 07, 2024 | ||
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utility
Add and Terminate Judges
Tue 05/07 6:06 PM
Judge update in case. Case now assigned to Magistrate Judge Anita M. Boor. Case no longer assigned to Magistrate Judge Stephen L. Crocker. (sdl),(ps) |
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| Monday, April 22, 2024 | ||
| 7 | 7
misc
Letter Requesting Status Update
Mon 04/22 1:14 PM
Letter Requesting Status Update by Plaintiff Derek J. DeGroot. (jls),(ps) |
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Att: 1
Envelope
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| Tuesday, April 16, 2024 | ||
| 6 | 6
10
pgs
order
Order on Leave to Proceed - Pro Se
Tue 04/16 2:40 PM
ORDER on Leave to Proceed: Dr. Daniel LaVoie is substituted for defendant Bureau of Health Services under Federal Rule of Civil Procedure 25. The clerk of court is directed to amend the case caption accordingly. Plaintiff granted leave to proceed against Defendants Derek Wilson, Jane Doe, Jamie Barker, Heather Holden, Daniel LaVoie, Haylee Hoyt. Materials delivered to DOJ for acceptance of service. Signed by District Judge William M. Conley on 4/16/2024. (lam),(ps) |
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| Thursday, January 11, 2024 | ||
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misc
Filing Fee Received
Thu 01/11 3:28 PM
Filing fee received: $350.00, receipt number 2200. (lam),(ps) |
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| Tuesday, December 12, 2023 | ||
| 5 | 5
order
Initial Pro Se Order on ifp
Tue 12/12 12:30 PM
ORDER on ifp request: Initial partial filing fee of $ 287.52 assessed. Initial partial filing fee due 1/9/2024. Signed by Magistrate Judge Andrew R. Wiseman on 12/12/2023. (jef),(ps) |
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| Monday, December 11, 2023 | ||
| 4 | 4
misc
Prisoner Trust Fund Account Statement
Mon 12/11 2:14 PM
Prisoner Trust Fund Account Statement by Plaintiff Derek J. DeGroot. (jls),(ps) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Mon 12/11 2:13 PM
Motion for Leave to Proceed in forma pauperis by Plaintiff Derek J. DeGroot. (jls),(ps) |
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Att: 1
Envelope
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| Monday, November 27, 2023 | ||
| 2 | 2
order
Initial Pro Se Order on ifp
Mon 11/27 4:54 PM
ORDER directing Plaintiff to submit $405 filing fee or a motion leave to proceed without prepayment of the filing fee and a Trust Fund Account Statement by 12/19/2023. Signed by Magistrate Judge Andrew R. Wiseman on 11/27/2023. (jef),(ps) |
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| 1 | 1
cmp
Complaint
Mon 11/27 4:47 PM
COMPLAINT against All Defendants, filed by Derek J. DeGroot. (jef),(ps) |
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Att: 1
Envelope
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