Case: Richards 641715 v. Perttu

Brandon v. Perttu

U.S. District Court for the Eastern District of Michigan

COMPLAINT with magistrate referral (with exhibits) filed by Kyle Brandon Richards, Robert Lee Kissee, Kenneth Pruitt against Perta (Attachments: # 1 Coversheet) (DAll) [Transferred from Michigan Eastern on 6/7/2020.] Modified text on 6/8/2020 (slk). (Entered: 05/28/2020)

1 Coversheet

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APPLICATION to Proceed without prepaying fees or costs by Kyle Brandon Richards. (DAll) [Transferred from Michigan Eastern on 6/7/2020.] (Entered: 05/28/2020)

APPLICATION to Proceed without prepaying fees or costs by Kenneth Pruitt. (DAll) [Transferred from Michigan Eastern on 6/7/2020.] (Entered: 05/28/2020)

APPLICATION to Proceed without prepaying fees or costs by Robert Lee Kissee. (DAll) [Transferred from Michigan Eastern on 6/7/2020.] (Entered: 05/28/2020)

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Mark A. Goldsmith. (DPer) [Transferred from Michigan Eastern on 6/7/2020.] (Entered: 06/04/2020)

Certificate of Service

TEXT-ONLY CERTIFICATE OF SERVICE re 5 Transferring Case to Western District of Michigan on Kyle Brandon Richards, 641715, BARAGA MAXIMUM CORRECTIONAL FACILITY, 13924 WADAGA ROAD, BARAGA, MI 49908 ; Kenneth Pruitt, 708518, BARAGA MAXIMUM CORRECTIONAL FACILITY, 13924 WADAGA ROAD, BARAGA, MI 49908 ; and Robert Lee Kissee, 575639, BARAGA MAXIMUM CORRECTIONAL FACILITY,13924 WADAGA ROAD, BARAGA, MI 49908 (Sandusky, K) [Transferred from Michigan Eastern on 6/7/2020.]

CASE TRANSFERRED IN from Michigan Eastern, their case number 2:20-cv-11331; the documents listed above were electronically transferred to the Western District of Michigan (ndj) (Entered: 06/07/2020)

NOTICE of receipt of case (slk) (Entered: 06/08/2020)

Copies Mailed

Copy of Receipt of Case Notice 7 sent via U.S. Mail to all plaintiffs (slk)

MOTION to serve the complaint by plaintiff Kyle B. Richards #641715; (Attachments: # 1 Exhibit A) (slk) (Entered: 06/18/2020)

DEMAND for TRIAL BY JURY by plaintiff Kyle B. Richards #641715 (slk) (Entered: 06/18/2020)

ORDER TO PROCEED IN FORMA PAUPERIS and FOR PAYMENT OF FILING FEE: Plaintiffs Richards and Pruitt may proceed in forma pauperis without payment of an initial partial filing fee; Plaintiffs Richards and Pruitt to remain liable for the filing fee as funds become available and TO PROCEED IN FORMA PAUPERIS and FOR PAYMENT OF FILING FEE: Plaintiff Kissee to pay an initial partial fee of $4.83 when funds are available; Plaintiff Kissee to make interim payments until the full fee is paid. Plaintiff Richards' motion to serve the complaint 8 is denied without prejudice as unnecessary ; signed by Magistrate Judge Maarten Vermaat (cam) (Entered: 06/26/2020)

ORDER STAYING CASE and referring to EARLY MEDIATION: case is stayed for 120 days to allow parties to participate in mediation; collection of the filing fee is suspended; the 90-day period for service is tolled; the MI Attorney General shall enter a limited appearance by July 17, 2020; w/attached Protocol ; signed by Magistrate Judge Phillip J. Green (lep) (Entered: 06/26/2020)

ORDER STAYING EARLY MEDIATION due to COVID-19 pandemic and Administrative Order 20-MS-024 ; signed by Magistrate Judge Phillip J. Green (lep) (Entered: 06/26/2020)

Copies Mailed

Copy of Order to Proceed IFP - Without Payment of Initial Fee - Prisoner, Order to Proceed IFP - Initial Fee Due When Funds Are Available - Prisoner, 10 sent via U.S. Mail to to all plaintiffs (mlc)

Copy of Order Staying Early Mediation re COVID-19 12, Order Staying Case and Referring to Early Mediation Program, 11 sent via U.S. Mail to all plaintiffs (slk)

Copies Mailed

STATEMENT from defendant Unknown Perttu seeking exclusion from the prisoner civil rights litigation early mediation program (Soros, Allan) (Entered: 07/14/2020)

CERTIFICATE OF SERVICE by defendant Unknown Perttu re Attorney Appearance (Limited), Statement to Exclude Case from Early Mediation 13 (Soros, Allan) (Entered: 07/14/2020)

(NON-DOCUMENT) LIMITED ATTORNEY APPEARANCE of Allan J. Soros on behalf of defendant Unknown Perttu for purposes of the Prisoner Civil Rights Litigation Early Mediation Program (Soros, Allan)

Attorney Appearance (Limited)

ORDER REMOVING CASE FROM EARLY MEDIATION re 13 ; signed by Magistrate Judge Phillip J. Green (lep) (Entered: 07/16/2020)

ORDER LIFTING STAY and REGARDING SERVICE: the Clerk is to arrange for service of this order and the complaint upon the defendants ; signed by Magistrate Judge Maarten Vermaat (cam) (Entered: 07/16/2020)

Copy of Order Removing Case from Early Mediation 15, Order Regarding Service - Prisoner 16 sent via U.S. Mail to all plaintiffs (slk)

Copies Mailed

NOTICE OF LAWSUIT/REQUEST FOR WAIVER of service delivered to USM as to defendant Unknown Perttu (slk)

Notice of Lawsuit and Request for Waiver of Service delivered to USM

MOTION to appoint counsel by plaintiff Kyle B. Richards #641715; (Attachments: # 1 Form Request (forms mailed to Plaintiff)) (slk) (Entered: 08/14/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; and a list of cases (mailed docket sheet and a list of cases) (slk) (Entered: 08/26/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (previously mailed docket sheet to plaintiff) (mlc) (Entered: 08/27/2020)

WAIVER OF SERVICE returned executed by Unknown Perttu as to Unknown Perttu waiver sent on 7/28/2020, answer due 9/28/2020 [Attorney Joseph Ho added to party Unknown Perttu(pty:dft)] (Ho, Joseph) (Entered: 08/28/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; and an investigation (mailed docket sheet showing when documents were filed) (slk) (Entered: 09/02/2020)

LETTER FROM CCA regarding petition for writ of mandamus filed with CCA and has been docketed as case number 20-1860 (mlc) (Entered: 09/04/2020)

SUPPLEMENT TO MOTION to appoint counsel 17 by plaintiff Kyle B. Richards #641715; (mlc) Modified text on 10/12/2020 (cam). (Entered: 09/21/2020)

MOTION for preliminary injunction and request for freezing of federal aid benefits to the State of Michigan by plaintiff Kyle B. Richards #641715; (Attachments: # 1 Declaration of Larry Taylor #432739, # 2 Declaration of Cleveland Spencer #692046) (mlc) (Entered: 09/21/2020)

MOTION to change venue and request to disqualify presiding judge by plaintiff Kyle B. Richards #641715; (mlc) (Entered: 09/21/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re MOTION to appoint counsel 23, MOTION to change venue and request to disqualify presiding judge 25, MOTION for preliminary injunction and request for freezing of federal aid benefits to the State of Michigan 24 (mlc) (Entered: 09/21/2020)

SUPPLEMENT re MOTION for preliminary injunction and request for freezing of federal aid benefits to the State of Michigan 24 (similar to document 24 ) by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 09/22/2020)

SUPPLEMENT re MOTION to change venue and request to disqualify presiding judge 25 (similar to document 25 ) by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 09/22/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; mailed docket sheet to plaintiff (mlc) (Entered: 09/22/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (previously mailed docket sheet to plaintiff) (mlc) (Entered: 09/22/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (previously mailed docket sheet to plaintiff) (mlc) (Entered: 09/24/2020)

ATTORNEY SUBSTITUTION adding attorney Joseph Y. Ho (P77390) in the place of Allan J. Soros (P43702) with certificate of service (Ho, Joseph) Modified text on 9/28/2020 (slk). (Entered: 09/25/2020)

DEMAND for TRIAL BY JURY with certificate of service by defendant Unknown Perttu (Ho, Joseph) Modified text on 9/28/2020 (slk). (Entered: 09/25/2020)

MOTION for summary judgment with Statement regarding Motion Concurrence and Certificate of Service by defendant Unknown Perttu; (Ho, Joseph) (Entered: 09/25/2020)

BRIEF in support of MOTION for summary judgment with Statement regarding Motion Concurrence and Certificate of Service 34 with Word Count Concurrence and Certificate of Service filed by Unknown Perttu (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, MDOC P.D. 03.02.130, "Prisoner/Parolee Grievances," (effective date 03/18/2019), # 3 Exhibit 2, MDOC P.D. 03.03.140, "Prison Rape Elimination Act (PREA) and Prohibited Sexual Conduct Involving Prisoners," (effective date 04/24/2017), # 4 Exhibit Ex. 3, Cummings Affidavit) (Ho, Joseph) (Entered: 09/25/2020)

1 Index of Exhibits

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2 Exhibit 1, MDOC P.D. 03.02.130, "Prisoner/Parolee Grievances," (effect

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3 Exhibit 2, MDOC P.D. 03.03.140, "Prison Rape Elimination Act (PREA) and Pro

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4 Exhibit Ex. 3, Cummings Affidavit

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NOTICE of telephone status conference, using the Court's conference line, set for 10/13/2020 at 10:30 AM before Magistrate Judge Maarten Vermaat; (cam) (Entered: 09/28/2020)

NOTICE that this case is reassigned to District Judge Hala Y. Jarbou under Administrative Order No. 20-CA-071 ; District Judge Paul L. Maloney is no longer assigned to the case (slk) (Entered: 09/28/2020)

MOTION for protective order named as, "motion for protective order and request for federal investigation and monitoring" by plaintiff Kyle B. Richards #641715; (mlc) (Entered: 09/29/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re MOTION for protective order named as, "motion for protective order and request for federal investigation and monitoring" 38 (mlc) (Entered: 09/29/2020)

LETTER from plaintiff Kyle B. Richards #641715 regarding mail room officers illegally destroying and altering outgoing mail (mlc) (Entered: 09/29/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (mailed last two pages of docket sheet) (slk) (Entered: 09/29/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (previously mailed docket sheet to plaintiff) (mlc) (Entered: 09/29/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (previously mailed docket sheet to plaintiff) (mlc) (Entered: 09/29/2020)

Copies Mailed

Copy of Notice of Hearing 36 sent via U.S. Mail to all plaintiffs (slk)

MOTION for order to issue subpoena by plaintiff Kyle B. Richards #641715; (Attachments: # 1 Proposed Subpoena) (slk) (Entered: 09/30/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re MOTION for order to issue subpoena 44 (slk) (Entered: 09/30/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (mailed last two pages of docket sheet) (slk) Modified text on 9/30/2020 (slk). (Entered: 09/30/2020)

Copies Mailed

Copy of Notice Regarding Reassignment (HYJ), 37 sent via U.S. Mail to Kyle B. Richards #641715, Robert Kissee #575639, Kenneth Damon Pruitt #708518 (tlbu)

MOTION for protective order and request for federal investigation and monitoring by plaintiff Kyle B. Richards #641715; (Attachments: # 1 Exhibit A) (slk) (Entered: 10/02/2020)

MOTION to clarify re 23, 17 by plaintiff Kyle B. Richards #641715; (slk) (Entered: 10/02/2020)

SUPPLEMENT re MOTION to clarify re 23, 17 48 (named as "Request for Clarification") by plaintiff Kyle B. Richards #641715 (slk) (Entered: 10/02/2020)

RESPONSE in opposition to MOTION to change venue and request to disqualify presiding judge 25, MOTION for preliminary injunction and request for freezing of federal aid benefits to the State of Michigan 24 and Certificate of Service filed by Unknown Perttu (Attachments: # 1 Exhibit 1, NDSL, Inc. v. Patnoude, 914 F. Supp. 2d 885, 890-91 (W.D. Mich. Dec. 7, 2012)) (Ho, Joseph) (Entered: 10/05/2020)

1 Exhibit 1, NDSL, Inc. v. Patnoude, 914 F. Supp. 2d 885, 890-91 (W.D. Mich. Dec.

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RESPONSE TO MOTION for summary judgment with Statement regarding Motion Concurrence and Certificate of Service 34 filed by Kyle B. Richards #641715 (Attachments: # 1 Attachment A) (mlc) (Entered: 10/06/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re Response to Motion 51 (mlc) (Entered: 10/06/2020)

SUPPLEMENT re MOTION to clarify re 23, 17 48 (letter format) by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 10/06/2020)

ORDER denying 44 motion for order; denying motion to clarify 48 ; denying 17 motion to appoint counsel ; signed by Magistrate Judge Maarten Vermaat (cam) (Entered: 10/13/2020)

MINUTES of telephone status conference held before Magistrate Judge Maarten Vermaat (Proceedings Digitally Recorded on the Bridgeline) (cam) (Entered: 10/13/2020)

RESPONSE in opposition to MOTION for protective order and request for federal investigation and monitoring 47, MOTION for protective order named as, "motion for protective order and request for federal investigation and monitoring" 38 and Certificate of Service filed by Unknown Perttu (Ho, Joseph) (Entered: 10/13/2020)

Copy of Order on Motion for Order, Order on Motion to Clarify, Order on Motion to Appoint Counsel 54 sent via U.S. Mail to all plaintiffs (slk)

Copies Mailed

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; (mailed last two pages of docket sheet) (slk) (Entered: 10/16/2020)

REPLY to response to motion 34 and certificate of service filed by Unknown Perttu (Attachments: # 1 Index of exhibits, # 2 Exhibit 1, HAMEL AFFIDAVIT, # 3 Exhibit 2, GILL V. SUBURBAN CADILLAC OF LANSING, LLC, NO. 1:18-CV-676, 2020 WL 207199, AT *4 (W.D. MICH. JAN. 14, 2020)) (Ho, Joseph) (Entered: 10/20/2020)

SUPPLEMENT re Response to Motion 51 (regarding motion 34 ) by plaintiff Kyle B. Richards #641715 (slk) (Entered: 10/26/2020)

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for summary judgment with Statement regarding Motion Concurrence 34 (named as "Statement Regarding Motion Non Concurrence") filed by Kyle B. Richards #641715 (slk) Modified text on 10/26/2020 (slk). (Entered: 10/26/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re Supplement 59, Certificate Regarding Motion Concurrence 60 (slk) (Entered: 10/26/2020)

LETTER from plaintiff Kyle B. Richards #641715 regarding subpoena forms. (mailed forms and a notice to parties regarding subpoenas) (slk) (Entered: 10/26/2020)

SUPPLEMENT re Response to Motion 51 "brief in support" (regarding motion 34 ) by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 10/27/2020)

DECLARATION re 1 by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 10/27/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re Supplement 63 (mlc) (Entered: 10/27/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re Declaration 64 (mlc) (Entered: 10/27/2020)

LETTER from plaintiff Kyle B. Richards #641715 regarding Subpoena forms (mailed (3) issued subpoenas with the Notice to Parties Regarding Civil Subpoenas) (mlc) (Entered: 10/27/2020)

LETTER from plaintiff Kyle B. Richards #641715 regarding Subpoena forms (mailed (4) issued subpoenas with the Notice to Parties Regarding Civil Subpoenas (mlc) (Entered: 10/29/2020)

DECLARATION re 1 ("declaration of Larry Taylor") by plaintiff Kyle B. Richards #641715 (mlc) (Entered: 10/29/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re Declaration 69 (mlc) (Entered: 10/29/2020)

ORDER re 22 from the Sixth Circuit Court of Appeals, dismissing 20-1860 for want of prosecution (slk) Modified text on 11/6/2020 (slk). (Entered: 11/06/2020)

REPLY to response to motion 34 ECF No. 51 and Supplement 59 with Certificate of Service filed by Unknown Perttu (Ho, Joseph) Modified text on 11/10/2020 (slk). (Entered: 11/09/2020)

LETTER from plaintiff Kyle B. Richards #641715 requesting docket sheet; mailed docket sheet to plaintiff (mlc) (Entered: 11/23/2020)

(DISREGARD) NOTICE OF APPEAL TO DISTRICT JUDGE by plaintiff Kyle B. Richards #641715 regarding Magistrate Judge order number 54 (mlc) Modified text on 12/11/2020 (slk). (Entered: 12/03/2020)

MOTION to stay judgment pending appeal by plaintiff Kyle B. Richards #641715; (mlc) (Entered: 12/03/2020)

(DISREGARD) NOTICE re 74 named as, "motion to proceed on appeal in forma pauperis" filed by Kyle B. Richards #641715 (mlc) Modified text on 12/11/2020 (slk). (Entered: 12/03/2020)

CERTIFICATE OF SERVICE by plaintiff Kyle B. Richards #641715 re MOTION to stay judgment pending appeal 75, NOTICE OF INTERLOCUTORY APPEAL 78, Motion 79 (mlc) Modified text on 12/11/2020 (slk). (Entered: 12/03/2020)

NOTICE OF INTERLOCUTORY APPEAL re 54 by plaintiff Kyle B. Richards #641715 (slk) (Entered: 12/11/2020)

MOTION for leave to appeal in forma pauperis by plaintiff Kyle B. Richards #641715; (slk) (Entered: 12/11/2020)

Copy of Notice of Appeal of Magistrate Judge Decision to District Judge 74 with docket sheet sent via U.S. Mail to Kyle B. Richards (mlc)