Case: Bear v. Kautzky

Overton v. Galloway

Stringer v. Kautzky

U.S. Court of Appeals for the Eighth Circuit

Overton v. Galloway

Bear v. Mathes

Stringer v. Kautzky

PRISONER COMPLAINT (cc: pltf(s)). (dr) (Entered: 07/27/2001)

MOTION by plaintiffs for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (dr) Modified on 07/27/2001 (Entered: 07/27/2001)

MEMORANDUM by plaintiffs in support [2-1] of motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (dr) (Entered: 07/27/2001)

INITIAL REVIEW ORDER by Honorable Charles R. Wolle: By not later than 8/13/01, dfts shall resond to motion for preliminary injunctive relief and report to the court whether this case should be consolidated with 4-01-cv-80225; court directs clerk of court to send a copy of signature page of complaint to inmates Stringer and McBride so they may sign their names to the complaint; if they do not inform court of their intention to be pltfs in this lawsuit within 30 days of date of this order, court will dismiss then as pltfs; service of process shall issue by mail to dfts and to Attorney General of State of Iowa; re [2-1] motion for temporary restraining order and/or preliminary injunction (cc: all counsel) (dr) (Entered: 07/30/2001)

FILING FEE PAID: on 7/27/01 in the amount of $ 150.00, receipt # 61404. (dr) (Entered: 07/27/2001)

FILING FEE PAID: on 7/27/01 in the amount of $ 150.00, receipt # 61404. (dr)

REMARK - Service of process issued by mail this date to dfts Mathes and Kautzky, and Attorney General of State of Iowa; copy of signature page of complaint mailed this date to pltfs Stringer and McBride (dr) (Entered: 07/30/2001)

REMARK - Service of process issued by mail this date to dfts Mathes and Kautzky, and Attorney General of State of Iowa; copy of signature page of complaint mailed this date to pltfs Stringer and McBride (dr)

SUPPLEMENT by plaintiff William L Stringer [1-1] to complaint (dr) (Entered: 08/03/2001)

RESPONSE by plaintiff William L Stringer [4-1] re: order (dr) (Entered: 08/03/2001)

SUPPLEMENT by plaintiff Michael McBride [1-1] to complaint (dr) (Entered: 08/06/2001)

ATTORNEY APPEARANCE for defendant Walter Kautzky, defendant John Mathes by WILLIAM A HILL (don) (Entered: 08/27/2001)

MOTION by defendant Walter Kautzky, defendant John Mathes to extend time to respond to complaint and motion for injunctive relief before Honorable Charles R. Wolle (don) (Entered: 08/27/2001)

OBJECTIONS to consolidate by defendant Walter Kautzky, defendant John Mathes to [4-1] order (don) (Entered: 08/27/2001)

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [10-1] of objection (don) (Entered: 08/27/2001)

OBJECTIONS by defendant Walter Kautzky, defendant John Mathes to [2-1] motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (don) (Entered: 08/27/2001)

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [12-1] of objection (don) (Entered: 08/27/2001)

ORDER by Honorable Charles R. Wolle setting hearing on motion to extend time to respond to complaint and motion for injunctive relief [9-1] 9:00 9/19/01, setting hearing on motion for temporary restraining order and/or preliminary injunction [2-1] 9:00 9/19/01; This will be held via ICN (cc: all counsel) (dv) (Entered: 09/14/2001)

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Teresa Kenkel; motion to extend time to respond to complaint and motion for injunctive relief before Honorable Charles R. Wolle [9-1] ; hearing held 9:00 9/19/01, motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle [2-1] ; hearing held 9:00 9/19/01 (dv) (Entered: 09/19/2001)

REMARK THIS CASE CONSOLIDATED INTO CASE NO. 4-01-CV-80225. ALL FURTHER FILINGS TO BE FILED IN THAT FILE (dv) (Entered: 09/26/2001)

REMARK THIS CASE CONSOLIDATED INTO CASE NO. 4-01-CV-80225. ALL FURTHER FILINGS TO BE FILED IN THAT FILE (dv)

ORDER by Judge James E. Gritzner Case reopened, Case referred to Magistrate Judge Celeste F. Bremer for submission of report and recommendation See order re: reopening this member case under its own caption (cc: all counsel) (dv) (Entered: 11/12/2003)

FILING FEE PAID: on 1/23/04 in the amount of $ 20.50, receipt # 68426. copy fee (dv) (Entered: 01/23/2004)

FILING FEE PAID: on 1/23/04 in the amount of $ 20.50, receipt # 68426. copy fee (dv)

ORDER by Magistrate Judge Celeste F. Bremer Rule 16(b) Telephone Hearing set for 04/06/4 at 10:00 (cc: all counsel) (dv) (Entered: 03/05/2004)

MOTION by plaintiff Archie Bear, plaintiff William L Stringer, plaintiff Michael McBride to withdraw attorney Clemens A. Erdahl before Magistrate Judge Celeste F. Bremer (dv) (Entered: 03/15/2004)

ORDER by Magistrate Judge Celeste F. Bremer granting motion to withdraw attorney Clemens A. Erdahl [18-1] for Michael McBride, William L Stringer, Archie Bear (cc: all counsel) (dv) (Entered: 03/17/2004)

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) 07/12/04 10:30am ; Evidentiary hearing (MAG) 07/22/04 9:00am ; Telephone Hearing satisfied (cc: all counsel) (don) (Entered: 04/07/2004)

MOTION by defendant Walter Kautzky, defendant John Mathes for partial summary judgment before Judge James E. Gritzner (dv) Modified on 3/21/2005 to add the word "partial"(ld, ). (Entered: 04/13/2004)

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [21-1] of motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

STATEMENT by defendant Walter Kautzky, defendant John Mathes [21-1] in support of motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

APPENDIX filed by defendant Walter Kautzky, defendant John Mathes [21-1] re: motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

ORDER by Magistrate Judge Celeste F. Bremer; The Court extends the deadline for response to the pending motion to 6/9/04 (cc: all counsel) (dv) (Entered: 05/27/2004)

ORDER by Magistrate Judge Celeste F. Bremer; Court extends the deadline for filing a response to 7/2/04 to allow Plaintiff Bear to clarify the nature of his claims, including the nature of the relief he seeks (cc: all counsel) (dv) (Entered: 06/16/2004)

RESPONSE by plaintiff Archie Bear [21-1] re: motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 07/06/2004)

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) set for 07/29/04 at 10:30 ; Evidentiary hearing (MAG) set for 08/17/04 at 9:00 held by ICN (cc: all counsel) (dv) (Entered: 07/13/2004)

MOTION by plaintiff William L Stringer for appointment of counsel before Magistrate Judge Celeste F. Bremer (dv) (Entered: 07/15/2004)

ORDER by Magistrate Judge Celeste F. Bremer denying motion for appointment of counsel [29-1] (cc: all counsel) (dv) (Entered: 07/23/2004)

PROPOSED FINAL PRETRIAL ORDER submitted by defendant (dv) (Entered: 07/29/2004)

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) satisfied, ; Discovery ddl set for 10/01/04 (cc: all counsel) (dv) (Entered: 07/29/2004)

MOTION by defendant Walter Kautzky, defendant John Mathes to extend time to file supplemental motion for s/j from 08/17/04 to 08/18/04 and ORDER granting order motion By JRR, Clerk[33-1] (cc: all counsel) (don) (Entered: 08/18/2004)

SUPPLEMENTAL by defendant Walter Kautzky, defendant John Mathes [21-1] to motion for summary judgment before Judge James E. Gritzner (don) (Entered: 08/18/2004)

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [34-1] of supplemental motion for s/j (don) (Entered: 08/18/2004)

SUPPLEMENTAL STATEMENT of undisputed material facts by defendant Walter Kautzky, defendant John Mathes [34-1] in support of s/j (don) (Entered: 08/18/2004)

SUPPLEMENTAL APPENDIX filed by defendant Walter Kautzky, defendant John Mathes [34-1] re: motion s/j (don) (Entered: 08/18/2004)

MOTION for Partial Summary Judgment (Redocketed as motion/see document #34 for image, docketed as supplement) by Walter Kautzky, John Mathes. (ld, ) Modified on 3/23/2005 to edit filed date to 8/18/04. (ld, ). (Entered: 03/21/2005)

ORDER by Magistrate Judge Celeste F. Bremer; Defendants shall have to and including 10/15/04 to file a reply (cc: all counsel) (dv) (Entered: 09/22/2004)

RESPONSE to Supplement Statement of Undisputed Material Facts/Motion re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. Replies due by 10/19/2004. (bp, ) (Entered: 10/06/2004)

STATEMENT OF DISPUTED MATERIAL FACTS re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. (bp, ) (Entered: 10/06/2004)

MEMORANDUM in Opposition to Supplemental Motion for Sumamry Judgment re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. Replies due by 10/19/2004. (bp, ) (Entered: 10/06/2004)

REPORT AND RECOMMENDATION re 21 Motion for Partial Summary Judgment against Archie Bear filed by John Mathes, Walter Kautzky. Objections to R&R due by 4/12/2005. See attached R&R for details. (Motion for Partial Summary Judgment against remaining plaintiffs 42 to be addressed in separate R&R.) Entered by Magistrate Judge Celeste F. Bremer on 3/21/2005. (npo) (Entered: 03/21/2005)

Text ORDER REFERRING CASE to Magistrate Judge for Report and Recommendation -- for remaining motion for partial summary judgment; see R&R Doc. #43. . Entered by Rob Raker, Acting Clerk on 3/21/2005. (ld, ) (Entered: 03/21/2005)

REPORT AND RECOMMENDATION re [42 & 21] Defendants' MOTIONS for Partial Summary Judgment. Objections to R&R due by 4/22/2005. Material facts remain in dispute. Accordingly, the Court recommends that Defendants' Motions for Summary Judgment be denied. See Order for particulars. Entered by Magistrate Judge Celeste F. Bremer on 3/31/2005. (mlr ) (Entered: 03/31/2005)

OBJECTION to 45 Report and Recommendations Defendants' Objections to March 31, 2005 Report and Recommendant on Defendants' Motion for Partial Summary Judgment filed by Walter Kautzky, John Mathes. (Hill, William) (Entered: 04/08/2005)

MOTION for Summary Judgment by William L Stringer, Pro Se. Responses due by 5/9/2005 (Attachments: # 1 Letter to CRW-CFB# 2 envelope) (lh, ) (Entered: 04/13/2005)

RESPONSE to Motion re 47 MOTION for Summary Judgment Defendants's Resistance to Pro Se Motion for Summary Judgment filed by Walter Kautzky, John Mathes. Replies due by 4/27/2005. (Hill, William) (Entered: 04/15/2005)

First MOTION for Extension of Time to File Response to Report and Recommendation by William L Stringer. Responses due by 5/9/2005 (Nestor, Bruce) (Entered: 04/22/2005)

CERTIFICATE OF SERVICE by William L Stringer re 49 First MOTION for Extension of Time to File Response to Report and Recommendation (Nestor, Bruce) (Entered: 04/22/2005)

TEXT ORDER granting 49 Plaintiffs' unresisted Motion for Extension of Time to file a response to Report and Recommendation. Plaintiffs shall have to and including 4/29/05 to respond to the Report and Recommendation. Entered by Magistrate Judge Celeste F. Bremer on 4/26/2005. (mlr ) (Entered: 04/26/2005)

Set/Reset Deadlines: Pltf's Response to R & R due by 4/29/2005 see Text Order #51 (lh, )

Set/Reset Deadlines: Pltf's Response to R & R due by 4/29/2005 see Text Order #51 (lh, ) (Entered: 04/27/2005)

ORDER denying 47 Plaintiff Stringer's motion for summary judgment. Entered by Judge James E. Gritzner on 5/3/2005. (nlh) (Entered: 05/03/2005)

ORDER ADOPTING REPORT AND RECOMMENDATIONS 45, denying 42 motion for partial summary judgment. Entered by Judge James E. Gritzner on 6/17/2005. (nlh) (Entered: 06/17/2005)

ORDER ADOPTING REPORT AND RECOMMENDATIONS 43, granting 21 motion for summary judgment. Clerk shall enter judgment in favor of Defendants on all of Plaintiff Bear's claims. See order for particulars. Entered by Judge James E. Gritzner on 6/17/2005. (nlh) (Entered: 06/17/2005)

JUDGMENT in favor of Defendants against Plaintiff Bear. Summary Judgment against Plaintiff Bear. Entered by R Johnson for Marjorie Krahn, Clerk on 6/20/2005. (rmj) Additional attachment(s) added on 6/20/2005 (rmj, ). (Entered: 06/20/2005)

ORDER Additional Dispositive Motion Deadline due by 8/1/2005. See attached order for particulars. Entered by Magistrate Judge Celeste F. Bremer on 6/20/2005. (npo) (Entered: 06/20/2005)

Second MOTION for Summary Judgment by Defendants by Walter Kautzky, John Mathes. Responses due by 8/22/2005 (Attachments: # 1 Defendants' Second Statement of Undisputed Material Facts# 2 Defendants' Second Appendix# 3 Memorandum in Support of Defendants' Second Motion for Summary Judgment)(Hill, William) (Entered: 07/27/2005)

RESPONSE to Motion re 57 Second MOTION for Summary Judgment by Defendants filed by William L Stringer, Michael McBride. Replies due by 9/21/2005. (Nestor, Bruce) (Entered: 09/09/2005)

ORDER granting 57 Motion for Summary Judgment. Clerk of Court to enter judgment in favor of Defendants and against Plaintiffs William Stringer and Michael McBride. Plaintiffs' case is dismissed without prejudice for failure to exhaust under 42 USC section 1997e(a). Entered by Judge James E. Gritzner on 1/25/2006. (nlh) (Entered: 01/25/2006)

JUDGMENT in favor of Defendants against Plaintiffs per 59 . Entered by R Johnson for Marjorie Krahn, Clerk on 1/26/2006. (rmj) (Entered: 01/26/2006)