Lammers v. State of Wisconsin

Filing 33

ORDER signed by Judge Lynn Adelman on 1/29/15 denying 31 Motion for Reconsideration. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
JAMES D. LAMMERS,
Petitioner,
v.

Case No. 13-cv-0028

STATE OF WISCONSIN,
Respondent.
_____________________________________________________________________
ORDER
James Lammers filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254
in January 2013. I denied the petition, finding that petitioner’s claims were time-barred and
that he had not shown grounds for equitable tolling. Petitioner has filed a motion for
reconsideration. Having reviewed the request for reconsideration, I see no basis for
reconsidering my order denying the petition.
Petitioner attempted to show grounds for equitable tolling by arguing that the
Wisconsin Department of Corrections (“DOC”) prevented him from filing a federal habeas
petition between September 12, 2006 and January 9, 2013. I addressed this argument in
my original order denying the petition, concluding that despite petitioner’s assertions that
the state prevented him from filing a federal habeas petition, he filed three separate
petitions between 2006 and 2013. Petitioner argues in his reconsideration motion that
although he was able to file these petitions, the DOC continued to threaten and harass him
in various ways in retaliation for doing so. This information does not change my conclusion
that petitioner has failed to show grounds for equitable tolling of the one-year limitation
period because despite his assertion that the DOC prevented him from filing, he was still
able to file three separate federal habeas petitions during the time in question.

THEREFORE, IT IS ORDERED that the motion for reconsideration (ECF No. 31)
is DENIED.
Dated at Milwaukee, Wisconsin this 29th day of January, 2015.
s/ Lynn Adelman
__________________________
LYNN ADELMAN
District Judge

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