Ohlinger, John v. Meisner, Michael

Filing 113

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 111 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:11−cv−00799−wmc

Ohlinger, John v. Pollard, William
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: 11/30/2011
Date Terminated: 04/06/2017
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
John David Ohlinger

represented by John David Ohlinger
002678
Dodge Correctional Institution
P.O. Box 700
Waupun, WI 53963
PRO SE

V.
Respondent
Michael Meisner
TERMINATED: 07/15/2014

represented by Gregory M. Weber
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−3935
Fax: 608−266−9594
Email: [e-mail]
TERMINATED: 02/21/2014
Jacob Julian Wittwer
Wisconsin Department of Justice
17 West Main Street, P.O. Box 7857
Madison, WI 53707−7857
608−266−1606
Fax: 608−266−9594
Email: [e-mail]
ATTORNEY TO BE NOTICED

Respondent
Michael Dittman
Warden, Columbia Correctional
Institution
TERMINATED: 04/06/2017

represented by Jacob Julian Wittwer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent
William Pollard
Date Filed
11/30/2011

#

Docket Text

1 Petition for Writ of Habeas Corpus − State ( Filing fee $ 5.00, receipt number 12688)
filed by John David Ohlinger. (Case randomly assigned to District Judge William M.
Conley.) (Attachments:
# 1 Cover Letter,
# 2 Racine County decision, 02cf224,
# 3 Conviction, 7/25/06,
# 4 Statutory definitions pertinent to this case federal and state,

# 5 Envelope) (jef) (Entered: 12/02/2011)
11/30/2011

2 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner John David
Ohlinger. (Attachments:
# 1 Exhibit list,
# 2 Exhibit 1 − Post−conviction motion transcript,
# 3 Exhibit A − Evidence log sheets,
# 4 Exhibit B − Motion to suppress evidence,
# 5 Exhibit C − State petition and exhibits,
# 6 Exhibit D − Response to petition, Wis. Ct. of Appeals,
# 7 Exhibit D cont. − Reply, Wis. Ct. of Appeals,
# 8 Exhibit D(1) − Wis. Appeals Ct. order,
# 9 Exhibit E − Wis. Supreme Ct. order, 9/11/11,
# 10 Exhibit E cont. − Reply to post−conviction motion,
# 11 Cover letter to Racine County) (jef),(ps) (Entered: 12/02/2011)

12/14/2011

3 Motion for stay and abeyance by Petitioner John David Ohlinger. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef: cc/ plaintiff's copy in envelope provided),(ps) (Entered:
12/14/2011)

08/22/2012

4 ORDER granting petitioner's 3 motion to stay and abate. The clerk's office is directed
to stay and administratively close this case. If Ohlinger wishes to proceed in this case,
he must advise the court in writing by filing a "Motion to Reinstate" this action within
45 days of the date that the Wisconsin Supreme Court issues its final decision on his
pending claims. Signed by District Judge William M. Conley on 8/22/2012. (jef),(ps)
(Entered: 08/22/2012)

11/12/2013

5 Motion to Reinstate by Petitioner John David Ohlinger. (Attachments:
# 1 Trust Fund Account Statement (Sealed),
# 2 State Supreme Court Decision,
# 3 Envelope) (jaf),(ps) (Entered: 11/12/2013)

11/13/2013

6 ORDER granting petitioner's 5 Motion to Reinstate. Petitioner's motion for leave to
file a supplemental brief in support of his claims is also GRANTED with the following
additional instruction: Any supplemental brief submitted must list all of petitioner's
proposed grounds for relief in this case. Petitioner shall file that supplemental brief no
later than December 23, 2013. Signed by District Judge William M. Conley on
11/13/2013. (jef),(ps) (Entered: 11/13/2013)

11/19/2013

7 Motion for Clarification re 6 Order on Motion for Miscellaneous Relief, by Petitioner
John David Ohlinger. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 11/19/2013)

11/19/2013

8 ** TEXT ONLY ORDER **
On November 13, 2013, the court reinstated the habeas corpus proceeding filed by
petitioner John David Ohlinger and granted his request for leave to file a supplemental
"brief in support" of his claims no later than December 23, 2013. ( See Dkt. # 6).
Noting that he previously filed a "Supporting Memorandum" regarding his claims,
petitioner requests clarification about whether he should file a "memorandum" or a
"brief"? (Dkt. # 7 ). Although the distinction has no particular significance at this
point, for the sake of clarification the court directs petitioner to file a memorandum
that supplements the one that he previously filed in this case. This supplemental
supporting memorandum is due on or before December 23, 2013. The order entered on
November 23, 2013 (dkt. # 6 ) is MODIFIED accordingly. Signed by District Judge
William M. Conley on 11/19/2013. (elc),(ps) (Entered: 11/19/2013)

12/10/2013

9 Letter from John Ohlinger regarding quality of photocopies (Attachments:
# 1 Exhibits in Support,
# 2 Envelope) (jaf),(ps) (Entered: 12/10/2013)

12/10/2013

10 Letter from court in response to 9 Letter from John Ohlinger regarding quality of
photocopies. (elc),(ps) (Entered: 12/10/2013)

12/23/2013

11 Supplemental Memorandum re 1 Petition for Writ of Habeas Corpus by Petitioner
John David Ohlinger. (Attachments:
# 1 Disbursement Request,

# 2 Certificate of Service,
# 3 Cover Letter,
# 4 Envelope) (jaf),(ps) Modified on 12/23/2013 (elc). (Entered: 12/23/2013)
01/02/2014

12 Letter Requesting Copies by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/02/2014)

02/05/2014

13 Letter Requesting Status Update by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 02/05/2014)

02/05/2014

14 Motion for Appointment of Counsel by Petitioner John David Ohlinger. (Attachments:
# 1 Cover Letter) (jaf),(ps) (Entered: 02/05/2014)

02/06/2014

15 ORDER denying petitioner's 14 Motion for appointment of counsel without prejudice.
Signed by District Judge William M. Conley on 2/6/2014. (jef),(ps) (Entered:
02/06/2014)

02/07/2014

16 Order to Show Cause Issued. Materials delivered to Wisconsin Attorney General
pursuant to informal service agreement for service on Respondent. Signed by District
Judge William M. Conley on 2/7/2014. (jef),(ps) (Entered: 02/07/2014)

02/07/2014

17 Acceptance of Service by DOJ on behalf of Respondent Michael Meisner. (Weber,
Gregory),(ps) (Entered: 02/07/2014)

02/07/2014

18 Notice 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. (elc),(ps) (Entered: 02/07/2014)

02/19/2014

19 Motion for Reconsideration re 16 Order to Show Cause by Petitioner John David
Ohlinger. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 02/19/2014)

02/20/2014

20 ** TEXT ONLY ORDER **
On February 7, 2014, the court issued an order directing the respondent to show cause
why the habeas corpus petition filed by state prisoner John Ohlinger should not be
granted. Ohlinger has filed a motion for "reconsideration" that objects to the way the
court characterized his first ground for relief, which concerns whether the trial court
had jurisdiction to preside over the charges against him. Specifically, Ohlinger
maintains that his true claim is that the trial court lacked "subject matter" jurisdiction
to preside over the charges against him. To the extent that the choice of wording
makes any difference, the motion (dkt. # 19) is GRANTED and the show cause order
(dkt. # 16) is clarified accordingly. Signed by District Judge William M. Conley on
2/20/2014. (mfh),(ps) (Entered: 02/20/2014)

02/21/2014

21 Notice of Appearance filed by Jacob Julian Wittwer for Respondent Michael Meisner
(Wittwer, Jacob),(ps) (Entered: 02/21/2014)

04/04/2014

22 Motion for Extension of Time to File Answer by Respondent Michael Meisner.
Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service Motion for Extension of Time to File Answer) (Wittwer,
Jacob),(ps) (Entered: 04/04/2014)

04/07/2014

23 ** TEXT ONLY ORDER **
Respondent has filed a motion for a 30−day extension of time, up to and including
May 8, 2014, in which to answer the habeas corpus petition filed by state inmate John
Ohlinger. The respondent's motion (dkt. # 22 ) is GRANTED. Signed by District Judge
William M. Conley on 4/7/14. (elc),(ps) (Entered: 04/07/2014)

04/08/2014

24 Brief in Opposition by Petitioner John David Ohlinger re: 22 Motion for Extension of
Time to File Answer, filed by Michael Meisner (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 04/08/2014)

05/05/2014

25 Second Motion for Extension of Time to File Answer by Respondent Michael
Meisner. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service Motion for Second Extension of Time to File Answer)
(Wittwer, Jacob),(ps) (Entered: 05/05/2014)

05/05/2014

26 ** TEXT ONLY ORDER **
Order GRANTING respondent's 25 Second Motion for Extension of Time to Answer.
Respondent may have up to and including May 22, 2014 in which to answer the
habeas corpus petition. Signed by District Judge William M. Conley on 5/5/2014.
(elc),(ps) (Entered: 05/05/2014)

05/09/2014

27 Copy of letter sent to AAG Witter from petitioner. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/12/2014)

05/22/2014

28 Response to 1 Petition for Writ of Habeas Corpus − State ( Filing fee $ 5.00 receipt
number 12688.) by Respondent Michael Meisner. (Attachments:
# 1 Exhibit A − Judgment of Conviction in State v. John David Ohlinger, Racine
County Circuit Court Case No. 2002CF224, dated July 25, 2006,
# 2 Exhibit B − Brief and Appendix of Defendant−Appellant in State of Wisconsin v.
John David Ohlinger, Wisconsin Court of Appeals Case No. 2008AP135−CR, dated
March 25, 2008,
# 3 Exhibit C − Brief of Plaintiff−Respondent in State of Wisconsin v. John David
Ohlinger, Wisconsin Court of Appeals Case No. 2008AP135−CR, dated May 22,
2008,
# 4 Exhibit D − Reply Brief of Defendant−Appellant in State of Wisconsin v. John
David Ohlinger, Wisconsin Court of Appeals Case No. 2008AP135−CR, dated June
12, 2008,
# 5 Exhibit E − Decision in State of Wisconsin v. John David Ohlinger, Wisconsin
Court of Appeals Case No. 2008AP135−CR, dated March 12, 2009,
# 6 Exhibit F − Defendant−Appellant−Petitioner's Petition for Review in State v. John
David Ohlinger, Wisconsin Supreme Court Case No. 2008AP135−CR, dated April 1,
2009,
# 7 Exhibit G −Plaintiff−Respondent's Response to petition for Review in State v.
John David Ohlinger, Wisconsin Supreme Court Case No. 2008AP135−CR, dated
April 14, 2009,
# 8 Exhibit H − Order denying Petition for Review in State v. John David Ohlinger,
Wisconsin Supreme Court Case No. 2008AP135−CR, dated September 11, 2009,
# 9 Exhibit I − Petition for Writ of Habeas Corpus in State ex rel. John David Ohlinger
v. Gregory Grams, Warden, Wisconsin Court of Appeals Case No. 2010AP1413−W,
dated June 6, 2010,
# 10 Exhibit J − Petition for Writ of Habeas Corpus in State ex rel. John David
Ohlinger v. Gregory Grams, Warden, Wisconsin Court of Appeals Case No.
2010AP1413−W, dated June 6, 2010,
# 11 Exhibit K − Reply to Response to Petition for Writ of Habeas Corpus in State ex
rel. John David Ohlinger v. Gregory Grams, Warden, Wisconsin Court of Appeals
Case No. 2010AP1413−W, dated October 15, 2010,
# 12 Exhibit L − Decision of the Court of Appeals in State ex rel. John David Ohlinger
v. Gregory Grams, Warden, Case No. 2010AP1413−W, dated February 10, 2011,
# 13 Exhibit M − Petition for Review in State ex rel. John David Ohlinger v. Gregory
Grams, Warden, Case No. 2010AP1413−W, dated April 3, 2011, filed in the
Wisconsin Supreme Court,
# 14 Exhibit N − State's Response to Petition for Review in State ex rel. John David
Ohlinger v. Gregory Grams, Warden, Wisconsin Supreme Court Case No.
2010AP1413−W, dated April 28, 2011,
# 15 Exhibit O − Reply to Response for Petition for Review in State ex rel. John David
Ohlinger v. Gregory Grams, Warden, Case No. 2010AP1413−W, dated May 4, 2011,
# 16 Exhibit P − Order dated September 1, 2011,of the Wisconsin Supreme Court in
State ex rel. John David Ohlinger v. Gregory Grams, Warden, Case No.
2010AP1413−W, denying petition for review,
# 17 Exhibit Q − Brief and Appendix of Defendant−Appellant in State v. John David
Ohlinger, Wisconsin Court of Appeals Case No. 2012AP448, dated July 9, 2012,
# 18 Exhibit R − State's response brief in State v. John David Ohlinger, Wisconsin
Court of Appeals Case No. 2012AP448, dated August 14, 2012,
# 19 Exhibit S − Reply brief of Defendant−Appellant in State v. John David Ohlinger,
Wisconsin Court of Appeals Case No. 2012AP448, dated October 19, 2012,
# 20 Exhibit T − Opinion and order dated February 27, 2013 affirming the order of the
circuit court in State v. John David Ohlinger, Wisconsin Court of Appeals Case No.
2012AP448,
# 21 Exhibit U − Defendant−Appellant's motion for reconsideration dated March 13,
2013, in State v. John David Ohlinger, Wisconsin Court of Appeals Case No.

2012AP448,
# 22 Exhibit V − Wisconsin Court of Appeals order dated March 19, 2013, in State v.
John David Ohlinger, denying motion for reconsideration in Case No. 2012AP448,
# 23 Exhibit W − Defendant−Appellant−Petitioner's Petition for Review dated June 1,
2013 in State v. John David Ohlinger, Wisconsin Supreme Court Case No.
2012AP448,
# 24 Exhibit X − Wisconsin Supreme Court order dated June 12, 2013, in State v. John
David Ohlinger, Wisconsin Supreme Court Case No. 2012AP448, denying petition for
review,
# 25 Certificate of Service Answer with Exhibits A−II) (Wittwer, Jacob),(ps) (Entered:
05/22/2014)
05/22/2014

29 Transcript of Motion hearing held on March 14, 2005 in State v. John David Ohlinger,
Racine County Circuit Court Case No. 02CF224 − Exhibit Y to Answer Opposing
Petition for Habeas Corpus (Wittwer, Jacob),(ps) (Entered: 05/22/2014)

05/22/2014

30 Transcript of hearing held on June 6, 2005 in State v. John David Ohlinger, Racine
County Circuit Court Case No. 02CF224 − Exhibit Z to Answer Opposing Petition for
Writ of Habeas Corpus (Wittwer, Jacob),(ps) Modified on 5/23/2014 (jaf). (Entered:
05/22/2014)

05/22/2014

31 Transcript of Hearing held on July 14, 2005 in State v. John David Ohlinger, Racine
County Circuit Court Case No. 02CF224 − Exhibit AA to Answer Opposing Petition
for Writ of Habeas Corpus (Wittwer, Jacob),(ps) Modified on 5/23/2014 (jaf).
(Entered: 05/22/2014)

05/22/2014

32 Transcript of Hearing held on September 23, 2005 in State v. John David Ohlinger,
Racine County Circuit Court Case No. 02CF224 − Exhibit BB to Answer Opposing
Petition for Writ of Habeas Corpus (Wittwer, Jacob),(ps) Modified on 5/23/2014 (jaf).
(Entered: 05/22/2014)

05/22/2014

33 Transcript of Proceedings held on September 23, 2005 in State v. John David
Ohlinger, Racine County Circuit Court Case No. 02CF224 − Exhibit CC to Answer
Opposing Petition for Writ of Habeas Corpus (Wittwer, Jacob),(ps) Modified on
5/23/2014 (jaf). (Entered: 05/22/2014)

05/22/2014

34 Transcript of Trial held on June 28, 2006 in State v. John David Ohlinger, Racine
County Circuit Court Case No. 02CF224 − Exhibit DD to Answer Opposing Petition
for Writ of Habeas Corpus (Wittwer, Jacob),(ps) (Entered: 05/22/2014)

05/22/2014

35 Transcript of Trial held on June 29, 2006 in State v. John David Ohlinger, Racine
County Circuit Court Case No. 02CF224 − Exhibit EE to Answer Opposing Petition
for Writ of Habeas Corpus (Wittwer, Jacob),(ps) (Entered: 05/22/2014)

05/22/2014

36 Transcript of Trial held on June 30, 2006 in State v. John David Ohlinger, Racine
County Circuit Court Case No. 02CF224 − Exhibit FF to Answer Opposing Petition
for Writ of Habeas Corpus (Wittwer, Jacob),(ps) (Entered: 05/22/2014)

05/22/2014

37 Transcript of Sentencing Hearing held on July 24, 2006 in State v. John David
Ohlinger, Racine County Circuit Court Case No. 02CF224 − Exhibit GG to Answer
Opposing Petition for Writ of Habeas Corpus (Wittwer, Jacob),(ps) (Entered:
05/22/2014)

05/22/2014

38 Transcript of Motion Hearing held on November 15, 2007 in State v. John David
Ohlinger, Racine County Circuit Court Case No. 02CF224 − Exhibit HH to Answer
Opposing Petition for Writ of Habeas Corpus (Wittwer, Jacob),(ps) (Entered:
05/22/2014)

05/22/2014

39 Transcript of Transcript of Hearing held on November 27, 2007 in State v. John David
Ohlinger, Racine County Circuit Court Case No. 02CF224 − Exhibit II to Answer
Opposing Petition for Writ of Habeas Corpus (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 05/22/2014)

05/22/2014

Set Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's Brief in
Support or written notice that he will rest on his initial brief is due 6/23/2014. Once
petitioner submits additional briefing or gives written notice that he does not intend to
file further briefing, respondent shall file a brief in opposition within 30 days. Once
respondent files a brief in opposition, petitioner shall have 20 days to file a reply if he

wishes to do so. (elc),(ps) (Entered: 05/22/2014)
06/03/2014

40 Motion for Ruling/Respondent in Procedural Default by Petitioner John David
Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/03/2014)

06/04/2014

41 ** TEXT ONLY ORDER **
State inmate John David Ohlinger has filed a petition for habeas corpus relief pursuant
to 28 U.S.C. § 2254 from a state court conviction. Ohlinger now seeks a default
judgment, alleging that the respondent has failed to answer this court's show cause
order. The record reflects, however, that respondent filed a timely answer on May 22,
2014. The respondent's answer includes a certificate of service documenting that a
copy was mailed to Ohlinger at his address of record. Because the respondent has not
failed to answer or otherwise defend this lawsuit, Ohlinger's motion for a default
judgment (dkt. # 40 ) is DENIED. Signed by District Judge William M. Conley on
6/4/2014. (elc),(ps) (Entered: 06/04/2014)

06/05/2014

42 Notice by Respondent Michael Meisner Letter to Clerk clarifying that Answer with
Exhibits was sent to petitoner; requesting petitioner to advise court if still not
received; requesting court to advise if another set of documents be sent to petitioner.
(Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 06/05/2014)

06/09/2014

43 Letter from petitioner that he has not received the state's response to the petition for
writ of habeas corpus and request for a copy of the response and an extension of time
to file his brief in support. (Attachments:
# 1 NEF setting briefing on habeas petition,
# 2 Second Copy of NEF setting briefing on habeas petition,
# 3 Envelope) (elc),(ps) (Entered: 06/09/2014)

06/11/2014

44 ** TEXT ONLY ORDER **
State inmate John David Ohlinger has filed a petition for habeas corpus relief pursuant
to 28 U.S.C. § 2254 and the respondent filed a timely answer on May 22, 2014.
Ohlinger has advised the court that he has not yet received a copy of the state's answer.
(Dkt. # 43 .) Therefore, the respondent is directed to forward another copy of the
answer to Ohlinger no later than June 20, 2014. The court notes that Ohlinger has
already filed a memorandum in support of his petition. Ohlinger shall file any
additional brief in support of his petition or give notice that he intends to rest on his
initial memorandum no later than July 25, 2014. The respondent will then have 30
days to file a brief in opposition. Once respondent files a brief in opposition, Ohlinger
will have 20 days in which to file a reply if he wishes to do so. Signed by District
Judge William M. Conley on 6/11/2014. (jef),(ps) (Entered: 06/11/2014)

06/11/2014

45 Response re: 44 Text Only Order,,, Letter to Oppeneer confirming mailing of second
file stamped Copy of Answer Opposing Petition for Writ of Habeas Corpus with
Exhibits A−II to Petitioner by Respondent Michael Meisner. (Attachments:
# 1 Certificate of Service Letter to Oppeneer Confirmign Mailing of Second
File−Stamped Copy of Answer with Exhibits A−II to Petitoner) (Wittwer, Jacob),(ps)
(Entered: 06/11/2014)

06/12/2014

46 Letter from petitioner dated June 11, 2014 re: copies (Attachments:
# 1 Copy of June 5, 2014 Letter from AAG Wittwer,
# 2 Envelope) (elc),(ps) (Entered: 06/12/2014)

06/18/2014

47 Letter Requesting in forma pauperis application by Petitioner John David Ohlinger.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 06/18/2014)

06/20/2014

48 Letter from Clerk's Office in response to 47 letter requesting in forma pauperis
application by Petitioner John David Ohlinger. (nln),(ps) (Entered: 06/20/2014)

07/14/2014

49 Motion for Appointment of Counsel and for an Extension of Time to file Brief in
Support by Petitioner John David Ohlinger. (Attachments:
# 1 Exhibit A − CCI Disciplinary Segregation Unit 2 General Reference Guide,
# 2 Exhibit B − Disciplinary Hearing Decision,
# 3 Exhibit C − Offender Complaint,
# 4 Envelope) (elc),(ps) (Entered: 07/14/2014)

07/14/2014

50 Petition and Affidavit of Indigency re: 49 Motion for Appointment of Counsel by
Petitioner John David Ohlinger. (elc),(ps) (Entered: 07/14/2014)

07/14/2014

51 Prisoner Trust Fund Account Statement by Petitioner John David Ohlinger (elc),(ps)
(Entered: 07/14/2014)

07/14/2014

52 Letter from petitioner requesting return of Disciplinary Hearing Decision. (elc),(ps)
(Entered: 07/14/2014)

07/14/2014

53 Letter from clerk's office in response to 52 Letter from petitioner requesting return of
Disciplinary Hearing Decision. (elc),(ps) (Entered: 07/14/2014)

07/15/2014

54 ORDER denying 49 Motion for Appointment of Counsel. Petitioner's request for an
extension of time to submit additional briefing is GRANTED. Petitioner shall file any
additional briefing in support of his petition no later than 60 days from the date of this
order. Signed by District Judge William M. Conley on 7/15/2014. (jef),(ps) (Entered:
07/15/2014)

07/15/2014

Reset Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Brief in Support
due 9/15/2014. (jef),(ps) (Entered: 07/15/2014)

07/16/2014

55 Addendum to 49 Motion to Appoint Counsel, filed by John David Ohlinger
(Attachments:
# 1 ICE Report, Reviewer's Decision and Offender Complaint Appeal,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 07/16/2014)

07/31/2014

56 Motion to Produce Additional Transcripts by Petitioner John David Ohlinger.
(Attachments:
# 1 Exhibit A − CCE Receipt of Inmate Complaint Number CCI−2014−12646,
# 2 Envelope) (elc),(ps) (Entered: 07/31/2014)

07/31/2014

57 Letter from petitioner John Ohlinger re: ordering copies of 56 motion to produce
additional transcripts at a later date when funds exsit. (elc),(ps) (Entered: 07/31/2014)

08/01/2014

58 Letter from Clerk's Office in response to 57 letter from petitioner John Ohlinger re:
ordering copies of 56 motion to produce additional transcripts at a later date when
funds exsit. (nln),(ps) (Entered: 08/01/2014)

08/06/2014

Set Deadlines as to petitioner's 56 Motion to Produce Additional Transcripts.
Respondent's Brief in Opposition due 8/13/2014. (elc),(ps) (Entered: 08/06/2014)

08/07/2014

59 Response Stating No Opposition by Respondent Michael Dittman re: 56 Motion to
Produce filed by John David Ohlinger (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) Modified on 8/7/2014. (lak) (Entered:
08/07/2014)

08/08/2014

60 ORDER granting petitioner's 56 motion for additional pleadings and transcripts. The
respondent shall file the requested pleadings and transcripts with the court and provide
copies to Ohlinger within ten days of the date of this order. Signed by District Judge
William M. Conley on 8/8/2014. (jef),(ps) (Entered: 08/08/2014)

08/11/2014

61 Response re: 60 Order on Motion to Produce Additional State Court Transcripts by
Respondent Michael Dittman. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) Modified on 8/11/2014. (lak)
(Entered: 08/11/2014)

08/11/2014

62 Transcript of Motion Hearing held on August 16, 2002 in Racine County Circuit Court
Case No. 02−CF−224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

63 Transcript of Motion Hearing held on August 19, 2003 in Racine County Circuit Court
Case No. 02−CF−224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

64 Transcript of Motion Hearing held on December 8, 2003 in Racine County Circuit
Court Case No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

65 Transcript of Hearing held on December 3, 2004 in Racine County Circuit Court Case
No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

66 Transcript of Hearing held on December 13, 2004 in Racine County Circuit Court
Case No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

67 Transcript of Hearing held on December 20, 2004 in Racine County Circuit Court
Case No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

68 Transcript of Hearing held on February 7, 2005 in Racine County Circuit Court Case
No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

69 Transcript of Hearing held on February 9, 2006 in Racine County Circuit Court Case
No. 02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

70 Transcript of Hearing held on June 14, 2006 in Racine County Circuit Court Case No.
02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

71 Transcript of Hearing held on June 22, 2006 in Racine County Circuit Court Case No.
02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

72 Transcript of Hearing held on June 27, 2006 in Racine County Circuit Court Case No.
02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/11/2014

73 Transcript of Hearing held on June 2, 2006 in Racine County Circuit Court Case No.
02−CF−0224. (Wittwer, Jacob),(ps) (Entered: 08/11/2014)

08/15/2014

74 Procedural Inquiry by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/15/2014)

08/19/2014

75 Letter from clerk's office in response to 74 Procedural Inquiry by Petitioner John
David Ohlinger. (elc),(ps) (Entered: 08/19/2014)

09/09/2014

76 Second Motion for Extension of Time to Reply by Petitioner John David Ohlinger.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 09/09/2014)

09/09/2014

77 ** TEXT ONLY ORDER **
State inmate John Ohlinger has filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254. The petitioner has now filed a second motion for a sixty−day extension
of time, up to and including November 10, 2014, in which to file his support brief. It is
ORDERED that the petitioners motion for an extension of time (dkt. # 76 ) is
GRANTED. Signed by District Judge William M. Conley on 9/9/2014. (elc),(ps)
(Entered: 09/09/2014)

11/05/2014

78 Motion for Extension of Time by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/05/2014)

11/05/2014

79 ** TEXT ONLY ORDER **
State inmate John David Ohlinger has filed a petition for habeas corpus relief pursuant
to 28 U.S.C. § 2254 and the respondent has filed an answer. Citing a lockdown at the
prison facility where he resides and limitations on access to the library, Ohlinger has
now filed a motion requesting a third extension of time, up to and including December
1, 2014, in which to file his supporting brief. It is ORDERED that Ohlinger's request
for an extension (dkt. # 78 ) is GRANTED. Signed by District Judge William M.
Conley on 11/5/2014. (elc),(ps) (Entered: 11/05/2014)

12/01/2014

80 MOTION TO DISMISS Without Prejudice by Petitioner John David Ohlinger.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/01/2014)

12/02/2014

Set Deadlines as to 80 MOTION TO DISMISS. Respondent's Response due
12/12/2014. There will be no reply. (elc),(ps) (Entered: 12/02/2014)

12/09/2014

81 Supplement to 80 Motion to Dismiss filed by John David Ohlinger (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 12/09/2014)

12/12/2014

82 Brief in Opposition by Respondent Michael Dittman re: 80 Motion to Dismiss filed by
John David Ohlinger (Attachments:
# 1 Exhibit A − WICCA Docket of John David Ohlinger v. Gregory Grams, WI Court
of Appeals Case No. 2010AP1413−W,
# 2 Exhibit B − WICCA Docket of State of Wisconsin v. John David Ohlinger, Racine
County Circuit Court Case No. 2002CF224,
# 3 Exhibit C − Order of the Wisconsin Supreme Court, dated October 21, 2013, in
State v. Ohlinger, Case No. 2012AP448, denying petition for review,

# 4 Certificate of Service) (Wittwer, Jacob),(ps) Modified on 12/12/2014. (lak)
(Entered: 12/12/2014)
12/16/2014

83 Letter Requesting Copies by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 12/16/2014)

12/18/2014

84 Motion for Leave to File reply brief in support of 80 MOTION TO DISMISS Without
Prejudice by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 12/18/2014)

12/19/2014

85 Motion to Amend 80 Motion to Dismiss Without Prejudice by Petitioner John David
Ohlinger. (Attachments:
# 1 ICE Receipt dated 12/15/2014,
# 2 Envelope) (nln),(ps) (Entered: 12/19/2014)

12/24/2014

86 Appendix to 85 Motion to Amend filed by John David Ohlinger. (Attachments:
# 1 Appendix Exhibit A − Post Conviction Motion, 02cf224,
# 2 Envelope) (jef),(ps) (Entered: 12/24/2014)

01/12/2015

87 Motion to Stay further proceedings by Petitioner John David Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 01/12/2015)

01/15/2015

88 ORDER terminating 80 Motion to Dismiss as withdrawn by the petitioner; denying 85
amended motion for a stay to return to state court; granting in part and denying in part
87 Motion to Stay. Ohlinger may have ninety (90) days from the date of this order in
which to file any additional briefing in support of his supplemental petition. Any
additional brief in support filed by Ohlinger must be limited to the claims presented in
his supplemental petition (dkt. # 11 ). No further extensions will be granted except
upon substantial good cause shown. Once Ohlinger files his supplemental brief in
response to this order, or the time to do so expires, respondent will have thirty (30)
days in which to file a brief in opposition to the supplemental petition. Once the
respondent files his brief in opposition, Ohlinger will have twenty days (20) to file a
reply if he wishes to do so. Signed by District Judge William M. Conley on 1/15/2015.
(jef),(ps) (Entered: 01/15/2015)

01/15/2015

Set/Reset Deadlines as to 1 Petition for Writ of Habeas Corpus. Petitioner's additional
Brief in Support due 4/15/2015. Respondent will have thirty (30) days in which to file
a brief in opposition to the supplemental petition. Once the respondent files his brief in
opposition, Ohlinger will have twenty days (20) to file a reply if he wishes to do so.
(jef),(ps) (Entered: 01/15/2015)

03/04/2015

89 Motion to access release account funds to pay for copies, alternatively to waive the
cost of copies and for an additional 30 days to file supplemental brief by Petitioner
John David Ohlinger. (Attachments:
# 1 Exhibit 1 − Offender Complaint and ICE Receipt,
# 2 Exhibit 2 − 2/15/2015 Letter to Ms. Klipfel from Petitioner,
# 3 Exhibit 3 − 2/16/2015 Memo from C. Klipfel re: Legal Loan Funds,
# 4 Exhibit 4 − Letter to the Court that was not sent,
# 5 Exhibits 5−6 − Trust Fund Account Statements (redacted),
# 6 Exhibit 7 − Disbursement Request,
# 7 Exhibit 8 − 2/25/2015 Correspondence/Disbursement Request and Response from
Business Office,
# 8 Cover Letter,
# 9 Envelope) (elc),(ps) (Entered: 03/04/2015)

03/05/2015

90 ORDER denying 89 Motion to access release account funds to pay for copies,
alternatively to waive the cost of copies and for an additional 30 days to file his
supplemental brief. Signed by District Judge William M. Conley on 3/5/2015.
(elc),(ps) (Entered: 03/05/2015)

04/10/2015

91 Motion for Reconsideration re 88 Order by Petitioner John David Ohlinger.
(Attachments:
# 1 Exhibits 1−8 − Letters, motions, response to petition,
# 2 Envelope) (jef),(ps) (Entered: 04/10/2015)

04/10/2015

92 Addendum to Supplemental Memorandum / Response to Order 88 Order by Petitioner
John David Ohlinger. (jef),(ps) (Entered: 04/10/2015)

04/15/2015

93 ORDER denying 91 Motion for Reconsideration. Signed by District Judge William M.
Conley on 4/15/2015. (jef),(ps) (Entered: 04/15/2015)

04/21/2015

Set/Reset Deadlines as to 1 Petition for Writ of Habeas Corpus. Respondent's Brief in
Opposition due 5/11/2015. Once the respondent files his brief in opposition, petitioner
Ohlinger will have twenty days (20) to file a reply if he wishes to do so. (jef),(ps)
(Entered: 04/21/2015)

05/07/2015

94 Motion for Extension of Time by Respondent Michael Dittman. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) Modified on 5/8/2015: It does not
appear that the plaintiff received this electronically as indicated on the Certificate of
Service. An updated Certificate of Service has been requested. (lak) (Entered:
05/07/2015)

05/08/2015

95 Certificate of Service by Respondent Michael Dittman as to 94 Motion for Extension
of Time. (Wittwer, Jacob),(ps) (Entered: 05/08/2015)

05/08/2015

96 ** TEXT ONLY ORDER **
Order GRANTING respondent's 94 Motion for an Extension of Time until June 1,
2015 to file his brief in opposition. Petitioner Ohlinger will have twenty days after
receipt of respondent's brief to file a reply if he wishes to do so. Signed by Magistrate
Judge Stephen L. Crocker on 5/8/2015. (elc),(ps) (Entered: 05/08/2015)

05/28/2015

97 Motion for Extension of Time to File Brief by Respondent Michael Dittman. Motions
referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 05/28/2015)

05/29/2015

98 ** TEXT ONLY ORDER **
Respondent's 97 Second Motion for Extension of Time until June 11, 2015 to file his
opposition brief is GRANTED. Petitioner may have twenty days after receipt of
respondent's brief in which to file a reply if he wishes to do so. Signed by Magistrate
Judge Stephen L. Crocker on 5/29/2015. (elc),(ps) (Entered: 05/29/2015)

06/11/2015

99 Brief in Opposition by Respondent Michael Dittman re: 1 Petition for Writ of Habeas
Corpus, filed by John David Ohlinger (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 06/11/2015)

06/11/2015

Set/Reset Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's
Brief in Reply due 7/1/2015. (nln),(ps) (Entered: 06/11/2015)

07/01/2015

100 Motion for Extension of Time to file reply brief by Petitioner John David Ohlinger.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/01/2015)

07/01/2015

101 ** TEXT ONLY ORDER **
Petitioner John Ohlinger's 100 Motion for an extension of time to file his habeas reply
brief is GRANTED IN PART. Petitioner shall have 30 calendar days, until July 31,
2015, to file his brief in reply. Signed by Magistrate Judge Stephen L. Crocker on
7/1/2015. (elc),(ps) (Entered: 07/01/2015)

07/08/2015

102 Letter Requesting Status Update on motion for extension of time by Petitioner John
David Ohlinger. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/08/2015)

07/31/2015

103 Motion for a final extension of time to file reply brief by Petitioner John David
Ohlinger. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 07/31/2015)

07/31/2015

104 ** TEXT ONLY ORDER **
ORDER granting 103 Motion for Extension of Time. Petitioner's Brief in Reply due
9/14/2015. Petitioner should keep in mind, he is unlikely to get another extension.
Signed by Magistrate Judge Stephen L. Crocker on 7/31/2015. (nln),(ps) (Entered:
07/31/2015)

09/14/2015

105 Motion for Extension of Time by Petitioner John David Ohlinger. (Attachments:
# 1 Exhibits 1−4 − Disbursement requests,
# 2 Envelope) (jef),(ps) (Entered: 09/15/2015)

09/15/2015

106 ** TEXT ONLY ORDER **
Petitioner's third request for an extension of his reply deadline is granted. The court
will not grant a fourth extension absent a very persuasive showing of good cause. Brief
in Reply due 9/24/2015. Signed by Magistrate Judge Stephen L. Crocker on 9/15/2015.
(jef),(ps) (Entered: 09/15/2015)

09/23/2015

107 Brief in Reply by Petitioner John David Ohlinger in Support of 1 Petition for Writ of
Habeas Corpus. (Attachments:
# 1 Exhibit 1 − U.S.S. Cavalier information, discharge report,
# 2 Exhibit 2 − Online chat screen shot,
# 3 Exhibit 3 − Email,
# 4 Exhibit 4 − Activity report,
# 5 Exhibit 5 − Letter,
# 6 Exhibit 6 − Email,
# 7 Envelope) (jef),(ps) (Entered: 09/23/2015)

08/22/2016

108 Motion to Correct 11 Supplemental Memorandum re: 1 Petition for Writ of Habeas
Corpus by Petitioner John David Ohlinger. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 08/22/2016)

04/06/2017

109 ORDER denying 1 Petition for Writ of Habeas Corpus and dismissing this case. A
certificate of appealability is DENIED. Signed by District Judge William M. Conley
on 4/6/2017. (jef),(ps) (Entered: 04/06/2017)

04/06/2017

110 JUDGMENT entered denying 1 Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2254 and dismissing this case. Signed by Peter A. Oppeneer, Clerk of Court on
4/6/2017. (jef),(ps) (Entered: 04/06/2017)

05/04/2017

111 NOTICE OF APPEAL by Petitioner John David Ohlinger as to 109 Order on Petition
for Writ of Habeas Corpus, 110 Judgment. In forma pauperis pending. No Docketing
Statement filed. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 05/04/2017)

05/04/2017

112 Appeal Information Packet. (jef),(ps) (Entered: 05/04/2017)