Dougan, Donald v. State of Wisconsin

Filing 27

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 25 Notice of Appeal. (Attachments: # 1 Information sheet, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:11−cv−00193−wmc

Dougan, Donald v. State of Wisconsin
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:2254 Petition for Writ of Habeas Corpus (State)

Date Filed: 03/15/2011
Date Terminated: 12/30/2013
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Donald Allan Ray Dougan

represented by Donald Allan Ray Dougan
159746
Stanley Correctional Institution
100 Corrections Dr.
Stanley, WI 54768−6500
(920) 324−5571
Fax: waupun correctional
PRO SE

V.
Respondent
William Pollard
Warden of Waupun Correctional
Institution
also known as
State of Wisconsin

Date Filed

#

represented by Warren D. Weinstein
PO Box 7857
17 West Main Street
Madison, WI 53707−7857
608−264−9444
Fax: 608−266−9594
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

03/15/2011

1 Petition for Writ of Habeas Corpus − State, filed by Donald Allan Ray Dougan.
(Case randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Order discharging petitioner from probation dated 7/20/88 from District of MN,
# 2 St. Croix County Circuit Court Order dated 10/21/08,
# 3 Court of Appeals Decision dated 6/2/10,
# 4 Cover Letter and Envelope) (elc) (Entered: 03/16/2011)

03/15/2011

2 Motion for Leave to Proceed in forma pauperis by Petitioner Donald Ray Dougan.
(Attachments:
# 1 2/18/09 Letter from State Public Defender re: indigency) (elc),(ps) (Entered:
03/16/2011)

03/15/2011

3 Letter from petitioner requesting copy of petition (Attachments:
# 1 Disbursement Request,
# 2 3/2/11 Denial of Photocopy Request) (elc),(ps) (Entered: 03/16/2011)

03/17/2011

4 ORDER on ifp request: Petitioner to submit Trust fund account statement or $5
filing fee. Trust Fund Account Statement due 4/7/2011. Signed by Magistrate
Judge Stephen L. Crocker on 3/17/2011. (jef),(ps) (Entered: 03/17/2011)

03/24/2011

Filing fee received : $ 5, receipt number 10431.(elc),(ps) (Entered: 03/24/2011)

03/24/2011

5 Prisoner Trust Fund Account Statement by Petitioner Donald Allan Ray Dougan
(Attachments:

# 1 Cover Letter,
# 2 Envelope) (elc),(ps) (Entered: 03/24/2011)
04/04/2011

6 Order to Show Cause Issued. Materials delivered to Wisconsin Department of
Justice pursuant to an informal service agreement for service on Respondent
William Pollard. Signed by Magistrate Judge Stephen L. Crocker on 4/4/2011.
(jef),(ps) (Entered: 04/04/2011)

04/08/2011

7 Acceptance of Service by DOJ on behalf of Respondent William Pollard. (Weber,
Gregory),(ps) (Entered: 04/08/2011)

04/12/2011

8 Memorandum that for the remainder of this lawsuit plaintiff need only send a copy
of his filings in this case to the court pursuant to an informal service agreement
with the Wisconsin Department of Justice. Signed by Magistrate Judge Stephen L.
Crocker on 4/12/2011. (jef),(ps) (Entered: 04/12/2011)

04/14/2011

9 Notice of Appearance on behalf of William Pollard, Warden filed by Mark
Anthony Neuser for Respondent William Pollard (Attachments:
# 1 Certificate of Service Notice of Appearance) (Neuser, Mark),(ps) (Entered:
04/14/2011)

05/03/2011

10 MOTION TO DISMISS Habeas Petition by Respondent William Pollard.
(Attachments:
# 1 Exhibit A − Judgment of Conviction,
# 2 Exhibit B − Dougan's brief−in−chief in the Wisconsin Court of Appeals,
# 3 Exhibit C − State's brief−in−chief in the Wisconsin Court of Appeals,
# 4 Exhibit D − Dougan's reply brief in the Wisconsin Court of Appeals,
# 5 Exhibit E − June 2, 2010, decision of the Wisconsin Court of Appeals,
# 6 Exhibit F − Dougan's brief in support of petition for review to the Wisconsin
Supreme Court,
# 7 Exhibit G − October 27, 2010, Wisconsin Supreme Court order denying
review,
# 8 Certificate of Service Motion to Dismiss with Exhibits A−G) (Neuser,
Mark),(ps) (Entered: 05/03/2011)

05/04/2011

Set Deadlines as to 10 MOTION TO DISMISS Habeas Petition. Petitioner's Brief
in Opposition due 5/24/2011. Respondent's Brief in Reply due 6/3/2011. (elc),(ps)
(Entered: 05/04/2011)

05/23/2011

11 Brief in Opposition by Petitioner Donald Allan Ray Dougan re: 10 MOTION TO
DISMISS Habeas Petition filed by William Pollard (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 05/23/2011)

05/23/2011

12 Motion to amend petition for writ of habeas corpus by Petitioner Donald Allan Ray
Dougan. (elc),(ps) (Entered: 05/23/2011)

06/07/2011

13 Brief in Reply in Support of Motion to Dismiss Habeas Petition by Respondent
William Pollard. (Attachments:
# 1 Certificate of Service) (Neuser, Mark),(ps) Modified on 6/8/2011 (elc).
(Entered: 06/07/2011)

02/17/2012

14 Motion to resume the briefing on the substantive merits by Petitioner Donald Allan
Ray Dougan. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/17/2012)

03/05/2012

15 (Unsigned)Brief in Support of 1 Petition for Writ of Habeas Corpus, by Petitioner
Donald Allan Ray Dougan (Attachments:
# 1 Appendix Cover Page,
# 2 Index to Appendix,
# 3 State of Minnesota Order Discharging Probation dated 7/20/88,
# 4 Statements of Lies, Contradictions and Inconsistencies,
# 5 West's Wisconsin Statutes Annotated Chapter 941.29 Possession of a Firearm,
# 6 Westlaw Minnesota Statutes Annotated Chapter 609.13 Convictions of a
Felony or Gross Misdemeanor,
# 7 Beecham v U.S., 511 U.S. 368,
# 8 U.S. v Bost,
# 9 U.S. v Buchmeier, 581 F.3d 561,

# 10 St. Croix County Order directing collection of samples for DNA testing with
receipt of physical evidence,
# 11 WI Court of Appeals Decision Dated June 2, 2010 (missing pages 6 and 7),
# 12 Envelope) (elc),(ps) (Entered: 03/05/2012)
03/05/2012

16 Letter from court returning 15 Unsigned Brief in Support of Petition for Writ of
Habeas Corpus to petitioner for signature. (elc),(ps) (Entered: 03/05/2012)

03/09/2012

17 Notice of Substitution of Attorney by Respondent William Pollard. (Attachments:
# 1 Certificate of Service Substitution of Attorney) (Weinstein, Warren),(ps)
Modified on 3/12/2012 (jaf). (Entered: 03/09/2012)

03/09/2012

18 Signed Brief in Support of 1 Petition for Writ of Habeas Corpus, by Petitioner
Donald Allan Ray Dougan (signed copy of Dkt. 15 ) (Attachments:
# 1 Appendix Cover Page,
# 2 Index to Appendix,
# 3 State of Minnesota Order Discharging Probation dated 7/20/88,
# 4 Statements of Lies, Contradictions and Inconsistencies,
# 5 West's Wisconsin Statutes Annotated Chapter 941.29 Possession of a Firearm,
# 6 Westlaw Minnesota Statutes Annotated Chapter 609.13 Convictions of a
Felony or Gross Misdemeanor,
# 7 Beecham v U.S., 511 U.S. 368,
# 8 U.S. v Bost,
# 9 U.S. v Buchmeier, 581 F.3d 561,
# 10 St. Croix County Order directing collection of samples for DNA testing with
receipt of physical evidence,
# 11 WI Court of Appeals Decision Dated June 2, 2010 (missing pages 6 and 7),
# 12 Envelope) (elc),(ps) (Entered: 03/09/2012)

08/03/2012

19 ORDER granting petitioner's 12 Motion to amend his petition to withdraw two
unexhausted claims from his original petition; granting respondent's 10 motion to
dismiss the remaining claim lodged in the original petition; denying petitioner's 14
motion to amend or supplement the petition with additional claims subject to
reconsideration by the court following the parties' supplemental briefing. Petitioner
is directed to file a written supplement to his proposed, amended petition within
thirty days of the date of this order listing those exhausted claims he seeks to
pursue in this case and for each such claim, providing a short statement of
supporting facts and argument demonstrating how he exhausted his state court
remedies. Within thirty days of the date of petitioner filing a written supplement as
instructed, the respondent shall file a reply or supplemental motion to dismiss, as
appropriate. Signed by District Judge William M. Conley on 8/3/2012. (jef),(ps)
(Entered: 08/03/2012)

09/05/2012

20 Supplement to Petition for Writ of Habeas Corpus, filed by Donald Allan Ray
Dougan (Attachments:
# 1 May 11, 2011 Letter to Clerk of WI Supreme Court,
# 2 Petition for Review with Memorandum filed with Supreme Court of WI,
# 3 January 24, 2012 Order from Supreme Court of WI,
# 4 Cover Letter and Envelope) (elc),(ps) (Entered: 09/05/2012)

09/05/2012

Set Deadlines pursuant to August 3, 2012 court order. Respondent's reply or
supplemental motion to dismiss is due 10/5/2012. (elc),(ps) (Entered: 09/05/2012)

10/04/2012

21 Respondent's Reply to Petitioner's Supplement to Amended Petition re: 20
Supplement to Petition for Writ of Habeas Corpus. (Attachments:
# 1 Certificate of Service Reply to Petitioner's Supplement to Amended Petition)
(Weinstein, Warren),(ps) Modified on 10/4/2012 (elc). (Entered: 10/04/2012)

10/11/2013

22 Letter Requesting Status Update from Attorney Peter Morin by Petitioner Donald
Allan Ray Dougan. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 10/11/2013)

12/30/2013

23 ORDER denying 20 supplemental amended petition for writ of habeas corpus and
dismissing this case with prejudice. Signed by District Judge William M. Conley
on 12/27/2013. (jef),(ps) (Entered: 12/30/2013)

12/30/2013

24 JUDGMENT denying the supplemental amended petition of Donald Allan Ray
Dougan for a writ of habeas corpus under 28 U.S.C. § 2254 and dismissing this
case with prejudice. (PAO/jef). (jef),(ps) (Entered: 12/30/2013)

01/17/2014

25 NOTICE OF APPEAL by Petitioner Donald Allan Ray Dougan as to 24 Judgment,
23 Order. In forma pauperis pending. No Docketing Statement filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/17/2014)

01/17/2014

26 Appeal Information Packet. (jef),(ps) (Entered: 01/17/2014)