Edwards v. Takaca et al
ORDER signed by Judge Pamela Pepper on 2/7/2018. Clerk of Court to CLOSE case administratively. After plaintiff has exhausted state court remedies, he will have 30 days to file motion to reopen case. (cc: all counsel, via mail to Robert Edwards at 1209 W. Keefe Ave., Milwaukee, WI 53206-new address per state parole officer)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ROBERT E. EDWARDS,
Case No. 15-cv-1324-pp
ORDER CLOSING CASE FOR ADMINISTRATIVE PURPOSES WITH THE
RIGHT TO REOPEN ONCE THE PLAINTIFF HAS EXHAUSTED ALL STATE
On November 6, 2015, the plaintiff filed a complaint, alleging that the
defendants had violated his civil rights by tampering with evidence in a case he
had in Milwaukee County Circuit Court. Dkt. No. 1. At the time he filed the
complaint, the plaintiff was in the House of Corrections in Franklin, Wisconsin.
Id. at 1. The court screened the complaint, and in an order dated May 16,
2016, explained to the plaintiff that because that state court criminal case was
not over yet, the court could not intervene. Dkt. No. 9 at 5. The court explained
to the plaintiff that if he disagreed with the outcome of the state court case, the
appropriate procedure was for him to file an appeal in state court, and advised
him to talk to his lawyer about how to do that. Id. The court stayed the federal
case pending resolution of the Milwaukee county case and the outcome of any
appeals the plaintiff might file in that case. Id. at 7.
On August 7, 2016—almost eighteen months ago—the court received a
letter from the plaintiff, explaining that he had pursued post-conviction relief in
his state case and that an attorney had been appointed to represent him. Dkt.
No. 10. He notified the court that he’d been moved to Dodge Correctional
Institution. Id. Forty-five days later, the court received another letter from the
plaintiff, explaining that he’d been moved to Racine Correctional Institution,
and that he expected to be there for at least ninety days. Dkt. No. 11. That is
the last the court has heard from the plaintiff.
The Department of Corrections’ Inmate Locator web site shows that on
April 13, 2017, the plaintiff was transferred to the Sturtevant Transitional
Facility, and that on June 13, 2017, he was released from Sturtevant to
extended supervision. https://appsdoc.wi.gov/lop/detail.do The plaintiff has
not contacted the court to provide an address. The court accessed the docket
for the plaintiff’s state court case through the Wisconsin Circuit Court Access
Program (“CCAP”). The docket shows that on June 30, 2016, the plaintiff filed a
notice of intent to seek post-conviction relief in the state case. State of
Wisconsin v. Robert Earl Edwards, Sr., Case No. 2015CF002912 (Milwaukee
County Circuit Court) (accessible at https://wcca.wicourts.gov), Dkt. No. 37.
He filed a notice of appeal on June 1, 2017. Id. at Dkt. No. 10. The Court of
Appeals’ web site shows that the plaintiff’s lawyer filed a “no merit” report on
July 17, 2017. State v. Robert Earl Edwards, Sr., Appeal No. 2017AP001045
(Wisconsin Court of Appeals District 1) (accessible at
https://wscca.wicourts.gov). The last docket entry in the court of appeals
states, as of September 8, 2017, “Response to No Merit Not Filed.” Id.
Because of the amount of time that has passed, the court will
administratively close the plaintiff’s case until the state proceedings become
final. The parties will retain all rights they would have had had the case not
been closed for administrative purposes. Within thirty days of the date that the
state court proceedings become final, the plaintiff may file a one-sentence
motion asking the court to reopen his case. The court will grant that motion
immediately, and the filing date for his federal complaint will remain November
6, 2015. (In other words, this administrative closure and any subsequent
reopening do not change the fact that, for statute of limitations purposes, the
plaintiff filed his complaint on November 6, 2015.)
The court ORDERS the clerk of court to CLOSE this case for
administrative purposes. After the plaintiff has exhausted his state court
remedies, he shall have thirty days to file a motion to reopen his case with this
Dated in Milwaukee, Wisconsin this 7th day of February, 2018.
BY THE COURT:
HON. PAMELA PEPPER
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?