Anderson, Edward v. Tegels, Lizzie

Filing 32

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet, Orders and Judgment to Seventh Circuit Court of Appeals re 29 Notice of Appeal (Attachments: # 1 Info Sheet, # 2 August 12, 2014 Order, # 3 August 12, 2014 Judgment, # 4 September 8, 2014 Order, # 5 Docket Sheet) (elc),(ps)

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ECF Western District of Wisconsin 1 of 5 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?262947100324573-L_1_0-1 U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:11-cv-00584-wmc Anderson, Edward v. Tegels, Lizzie 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: 08/17/2011 Date Terminated: 08/12/2014 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question Petitioner Edward D. Anderson represented by Edward D. Anderson #146417 Waupun Correctional Institution 200 S. Madison St. P.O. Box 351 Waupun, WI 53963-0351 PRO SE V. Respondent Lizzie Tegels represented by Warren D. Weinstein PO Box 7857 17 West Main Street Madison, WI 53707-7857 608-264-9444 Fax: 608-266-9594 Email: weinsteinwd@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Weber Wisconsin Department Of Justice P.O. Box 7857 Madison, WI 53707 608-266-3935 Fax: 608-266-9594 Email: federalordersca@doj.state.wi.us TERMINATED: 09/28/2011 Date Filed # Docket Text 09/26/2014 3:55 PM ECF Western District of Wisconsin 2 of 5 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?262947100324573-L_1_0-1 08/17/2011 1 Petition for Writ of Habeas Corpus - State ( Filing fee $ 5.00 receipt number 11854) filed by Edward D. Anderson. (Case randomly assigned to District Judge William M. Conley.) (Attachments: # 1 Appendix - Table of Contents, # 2 Exhibits 1-80, # 3 Cover Letter, # 4 Envelope) (jef) Modified on 8/22/2011 (elc). (Entered: 08/17/2011) 09/13/2011 2 Order to Show Cause Issued. Materials delivered to DOJ for service on Respondent. Signed by Magistrate Judge Stephen L. Crocker on 9/12/2011. (jef),(ps) (Entered: 09/13/2011) 09/13/2011 3 Acceptance of Service by DOJ on behalf of Respondent Lizzie Tegels. (Weber, Gregory),(ps) (Entered: 09/13/2011) 09/15/2011 4 Memorandum that for the remainder of this lawsuit, petitioner 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 9/14/2011. (jef),(ps) (Entered: 09/15/2011) 09/28/2011 5 Notice of Appearance on behalf of Lizzie Tegels, Warden filed by Warren D. Weinstein for Respondent Lizzie Tegels (Attachments: # 1 Certificate of Service Notice of Appearance) (Weinstein, Warren),(ps) (Entered: 09/28/2011) 10/13/2011 6 Motion for Extension of Time to file response by Respondent Lizzie Tegels. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service Motion for Briefing Extension) (Weinstein, Warren),(ps) (Entered: 10/13/2011) 10/14/2011 7 ** TEXT ONLY ORDER ** ORDER GRANTING 6 Motion for Extension of Time until December 9, 2011 for respondent to file an answer to the petition for a writ of habeas corpus. Signed by Magistrate Judge Stephen L. Crocker on 10/14/11. (elc),(ps) (Entered: 10/14/2011) 12/07/2011 8 ANSWER by Respondent Lizzie Tegels. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit A - Judgment of Conviction, # 3 Exhibit B- Andersons direct appeal opening brief dated December 8, 2004, in the Wisconsin Court of Appeals, # 4 Exhibit C- The States direct appeal response brief dated January 10, 2005, in the Wisconsin Court of Appeals, # 5 Exhibit D - The slip opinion in State v. Edward D. Anderson, Case No. 2004AP2607-CR, (Wis. Ct. App. dated July 19, 2005), reversing Andersons conviction, # 6 Exhibit E -The Court of Appeals order dated September 20, 2005, granting the States motion for reconsideration, # 7 Exhibit F - The slip opinion in State v. Edward D. Anderson, Case No. 2004AP2607-CR, (Wis. Ct. App. dated Sept. 27, 2005), remanding Andersons case to the circuit court for a hearing, # 8 Exhibit G - Andersons direct appeal supplemental brief dated December 12, 2006, in the Wisconsin Court of Appeals, 09/26/2014 3:55 PM ECF Western District of Wisconsin 3 of 5 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?262947100324573-L_1_0-1 # 9 Exhibit H - The States direct appeal supplemental brief dated February 12, 2007, in the Wisconsin Court of Appeals, # 10 Exhibit I- Andersons direct appeal supplemental reply brief dated March 5, 2007, in the Wisconsin Court of Appeals, # 11 Exhibit J- The slip opinion in State v. Edward D. Anderson, Case No. 2004AP2607-CR, (Wis. Ct. App. dated Nov. 6, 2007), affirming Andersons conviction, # 12 Exhibit K - Andersons direct appeal no merit petition for review dated December 4, 2007, in the Wisconsin Supreme Court, # 13 Exhibit L - The Wisconsin Supreme Court order dated March 18, 2008, denying Andersons direct appeal petition for review, # 14 Exhibit M - The circuit court opinion in State v. Edward D. Anderson, Case No. 01CF001783, dated May 27, 2009, denying Andersons Wis. Stat. § 974.06 post-conviction motion, # 15 Exhibit N- Andersons Wis. Stat. § 974.06 opening brief dated December 13, 2009, in the Wisconsin Court of Appeals, # 16 Exhibit O - The States Wis. Stat. § 974.06 response brief dated February 25, 2010, in the Wisconsin Court of Appeals, # 17 Exhibit P - Andersons Wis. Stat. § 974.06 reply brief dated March 8, 2010, in the Wisconsin Court of Appeals, # 18 Exhibit Q - The slip opinion in State v. Edward D. Anderson, Case No. 2009AP1516, (Wis. Ct. App. Nov. 23, 2010), affirming the circuit courts denial of Andersons Wis. Stat. § 974.06 post-conviction motion, # 19 Exhibit R - Andersons Wis. Stat. § 974.06 petition for review dated January 4, 2011, in the Wisconsin Supreme Court, # 20 Exhibit S - The Wisconsin Supreme Court order dated March 15, 2011, denying Andersons Wis. Stat. § 974.06 petition for review, # 21 Exhibit T - Transcript of Motion Hearing, April 27, 2006, # 22 Certificate of Service Certificate of Service - Answer to Petition for Writ of Habeas Corpus with Index to Exhibits and Attached Exhibits A-T) (Weinstein, Warren),(ps) (Entered: 12/07/2011) 12/08/2011 Set Deadlines as to 1 Petition for Writ of Habeas Corpus - State. Petitioner's Brief in Support due 1/6/2012. Respondent's opposition due 30 days after petitioner's brief is filed. Petitioner's reply due 20 days after respondent files its brief. (elc),(ps) (Entered: 12/08/2011) 01/09/2012 9 Motion to compel respondent to produce all trial transcripts and other relevant documents and for an extension of time by Petitioner Edward D. Anderson. (Attachments: # 1 Envelope) (jef),(ps) Modified text on 1/17/2012 (jef). (Entered: 01/09/2012) 01/09/2012 Set Briefing as to petitioner's 9 Motion to compel. Respondants' response due 1/17/2012. There will be no reply. (jef),(ps) (Entered: 01/09/2012) 01/17/2012 10 Brief in Opposition by Respondent Lizzie Tegels re: 9 Motion to Compel filed by Edward D. Anderson Response to Petitioner's Motion to Compel Transcripts (Attachments: # 1 Certificate of Service Response to Petitioner's Motion to Compel Transcripts) (Weinstein, Warren),(ps) (Entered: 01/17/2012) 09/26/2014 3:55 PM ECF Western District of Wisconsin 4 of 5 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?262947100324573-L_1_0-1 01/19/2012 11 ORDER denying petitioner's 9 Motion to Compel. Petitioner shall have until February 6, 2012 to file his brief in support of his petition; respondent's opposition brief to be filed 30 days thereafter; and petitioner's reply 20 days after the respondent's brief is filed. Signed by Magistrate Judge Stephen L. Crocker on 1/19/2012. (jef),(ps) (Entered: 01/19/2012) 02/06/2012 12 Brief in Support of 1 Petition for Writ of Habeas Corpus, by Petitioner Edward D. Anderson. (Attachments: # 1 Exhibits A through F - Order appointing counsel, letter to public defender, Wis. Ct. of Appeals orders, Circuit Court of Milwaukee County order, # 2 Envelope) (jef),(ps) (Entered: 02/06/2012) 02/06/2012 Set Deadlines as to 1 Petition for Writ of Habeas Corpus. Respondent's Brief in Opposition due 3/7/2012. Petitioner's Brief in Reply is due 20 days after respondent's brief is filed. (jef),(ps) (Entered: 02/06/2012) 03/07/2012 13 Motion for Extension of Time to File Brief in Opposition by Respondent Lizzie Tegels. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service Certificate of Service - Motion for Briefing Extension) (Weinstein, Warren),(ps) (Entered: 03/07/2012) 03/07/2012 14 ** TEXT ONLY ORDER ** Order granting respondent's 13 motion for extension of time to file brief in opposition. There shall be no more extensions for the state. Respondent's Brief in Opposition due 4/6/2012. Petitioner's Brief in Reply due 4/26/2012. Signed by Magistrate Judge Stephen L. Crocker on 3/7/2012. (jef),(ps) (Entered: 03/07/2012) 04/03/2012 15 Brief in Opposition by Respondent Lizzie Tegels re: 1 Petition for Writ of Habeas Corpus, filed by Edward D. Anderson (Attachments: # 1 Certificate of Service) (Weinstein, Warren),(ps) (Entered: 04/03/2012) 04/20/2012 16 Brief in Reply by Petitioner Edward D. Anderson in Support of 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef),(ps) (Entered: 04/20/2012) 04/04/2013 17 Letter Requesting Status Update by Petitioner Edward D. Anderson. (Attachments: # 1 Cover Letter) (jef),(ps) (Entered: 04/15/2013) 04/15/2013 18 Letter response to 17 Letter Requesting Status Update by Petitioner Edward D. Anderson. (jef),(ps) (Entered: 04/15/2013) 04/16/2013 19 Letter Requesting Copies by Petitioner Edward D. Anderson. (Attachments: # 1 Envelope) (jef),(ps) (Entered: 04/17/2013) 04/17/2013 20 Letter response from the court to 19 Letter Requesting Copies by Petitioner Edward D. Anderson. (jef),(ps) (Entered: 04/17/2013) 03/07/2014 21 Notice of Change of Address by Petitioner Edward D. Anderson (Attachments: # 1 Envelope) (nln),(ps) (Entered: 03/07/2014) 07/07/2014 22 Letter Requesting Status Update by Petitioner Edward D. Anderson. (Attachments: 09/26/2014 3:55 PM ECF Western District of Wisconsin 5 of 5 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?262947100324573-L_1_0-1 # 1 Envelope) (nln),(ps) (Entered: 07/07/2014) 07/08/2014 23 Letter from Clerk's Office in response to 22 letter requesting status update by Petitioner Edward D. Anderson. (nln),(ps) (Entered: 07/08/2014) 08/12/2014 24 ORDER that Edward D. Anderson's 1 Petition for Writ of Habeas Corpus is DENIED and this case is DISMISSED with prejudice. The clerk of court is directed to enter judgment for respondent and close this case. A certificate of appealability is DENIED. If petitioner wishes he may seek a certificate from the court of appeals under Fed. R. App. 22. Signed by District Judge William M. Conley on 8/12/2014. (nln),(ps) (Entered: 08/12/2014) 08/12/2014 25 JUDGMENT entered in favor of respondent Lizzie Tegels denying petitioner Edward D. Anderson's 1 petition for a writ of habeas corpus under U.S.C. § 2254 and dismissing with prejudice this case. (PAO/nln). (nln),(ps) (Entered: 08/12/2014) 08/29/2014 26 Motion for Reconsideration re 24 Order, by Petitioner Edward D. Anderson. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 08/29/2014) 08/29/2014 27 Affidavit of Edward D. Anderson re: 26 Motion for Reconsideration. (Attachments: # 1 Exhibits) (elc),(ps) (Entered: 08/29/2014) 09/08/2014 28 ORDER denying 26 Motion for Reconsideration. Signed by District Judge William M. Conley on 9/8/2014. (jef),(ps) (Entered: 09/08/2014) 09/26/2014 29 NOTICE OF APPEAL by Petitioner Edward D. Anderson as to 28 Order on Motion for Reconsideration, 24 Order, 25 Judgment. In forma pauperis requested. No Docketing Statement filed. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 09/26/2014) 09/26/2014 30 Motion for Leave to Proceed in forma pauperis on Appeal by Petitioner Edward D. Anderson. (elc),(ps) (Entered: 09/26/2014) 09/26/2014 3:55 PM

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