Mccants, Thomas v. Schwochert, James

Filing 30

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 28 Notice of Appeal. (Attachments: # 1 Info Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS L. MCCANTS,
Petitioner-Appellant,
v.
District Court Case No. 11-CV-16-wmc
WILLIAM POLLARD,
Respondent-Appellee.
DOCKETING STATEMENT
Petitioner, Thomas L. McCants, by the undersigned counsel, files this
docketing statement in accord with Circuit Rules 3(c)(1) and 28(a).
A. Jurisdiction:
This is an appeal from the final judgment entered by the district court on
December 4, 2013, dismissing the Mr. McCants’s Petition for Writ of Habeas
Corpus filed pursuant to 28 U.S.C. sec. 2254.

The district court had

jurisdiction over this federal action under 28 U.S.C. sec. 2241 and 2254. The
court of appeals has jurisdiction to hear this appeal under 28 U.S.C. secs. 1291
and 2253 and FRAP 22(b).
B. Timeliness of Appeal:
1.

Date Judgment entered:

December 4, 2013

2.

Date Notice of Appeal filed: January 2, 2014

3.

There were no motions for a new trial or alternation of judgment

or any other motion which would toll the time in which to appeal.
C.

Finality of Order or Judgment:

The judgment being appealed is the denial of the Petitioner’s Petition for
Writ of Habeas Corpus under 28 U.S.C. sec. 2254.
D.

Prior Related Proceedings:

There are no prior or related federal appellate proceedings in this case.
E.

Nature of Case:

Petitioner filed in the district court a petition for writ of habeas corpus
challenging the constitutionality of his state court conviction. The Petitioner is
incarcerated and has been assigned DOC # 483009. He is presently in
confined at Waupun Correctional Institution, P.O. Box 351, Waupun, WI
53963. William Pollard, Respondent, is the Warden at that institution.
Attorney Robert T. Ruth will handle this appeal.
Dated this 2nd day of January 2014.
/s/ Robert T. Ruth
Robert T. Ruth
Bar # 01021445
Robert T. Ruth Law Offices, S.C.
7 N. Pinckney St., #240
Madison, WI 53703
[phone]

CERTIFICATE OF SERVICE
I hereby certify that I served a true copy of this docketing state on the
respondent, a CM/ECF participant, by uploading said document on CM/ECF.
Dated this 2nd day of January 2014.
Respectfully submitted,
/s/ Robert T. Ruth
Robert T. Ruth