Wagner, Ronald v. Dittman, Michael

Filing 44

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 42 Notice of Appeal (Attachments: # 1 Info Sheet, # 2 2/7/2014 Order, # 3 Judgment, # 4 4/4/2014 Order, # 5 4/10/2014 Order, # 6 Docket Sheet) (elc),(ps)

ECF Western District of Wisconsin

1 of 5

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?105253222964676-L_1_0-1

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12-cv-00487-wmc

Wagner, Ronald v. Dittman, Michael
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: 07/09/2012
Date Terminated: 02/07/2014
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Ronald Helmut Wagner

represented by Ronald Helmut Wagner
228680
Columbia Correctional Institution
2925 Columbia Drive
P.O. Box 900
Portage, WI 53901-0900
[phone]
Fax: redgranite correctio
PRO SE

V.
Respondent
Michael Dittman
Warden, RGCI

represented by Gregory M. Weber
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608-266-3935
Fax: [phone]
Email: [e-mail]
TERMINATED: 07/17/2013
Katherine D. Lloyd
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608-266-7323
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

04/15/2014 9:57 AM

ECF Western District of Wisconsin

2 of 5

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?105253222964676-L_1_0-1

07/09/2012

1 Petition for Writ of Habeas Corpus - State, filed by Ronald Helmut Wagner. (Case
randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Envelope) (elc) (Entered: 07/09/2012)

07/11/2012

2 ORDER directing Petitioner to submit either the $5 filing fee or a six-month trust
fund account statement by 7/31/2012. Signed by Magistrate Judge Stephen L.
Crocker on 7/9/12. (elc),(ps) (Entered: 07/11/2012)

07/12/2012

Filing fee received: $ 5.00, receipt number 14724. (jef),(ps) (Entered: 07/12/2012)

07/12/2012

3 Letter from petitioner regarding Wisconsin Court record. (jef),(ps) Conventionally
filed record (2 boxes) was shipped back to plaintiff on 3/29/13 per 10 order, 2/4/2014
(jef). (Entered: 07/13/2012)

12/07/2012

4 ORDER directing petitioner to file a formal petition within 30 days using a form that
has been approved for use by state prisoners under 28 U.S.C. § 2254 or his case will
be dismissed. Signed by District Judge William M. Conley on 12/5/2012. (elc),(ps)
(Entered: 12/07/2012)

01/07/2013

5 Motion for Extension of Time to file amended petition for writ of habeas corpus by
Petitioner Ronald Helmut Wagner. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/07/2013)

01/07/2013

6 ** TEXT ONLY ORDER **
ORDER granting 5 Motion for Extension of Time. Petitioner's amended petition for
writ of habeas corpus due 2/7/2013. Signed by Magistrate Judge Stephen L. Crocker
on 1/7/2013. (jef),(ps) (Entered: 01/07/2013)

02/15/2013

Pursuant to 4 order and under Fed. R. Civ. P. 41(b), this case is closed without
further order of the court. (jef),(ps) (Entered: 02/15/2013)

02/21/2013

7 Motion for Extension of Time by Petitioner Ronald Helmut Wagner. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/21/2013)

02/22/2013

8 ORDER granting 7 Motion for extension of time to file amended petition for writ of
habeas corpus. Petitioner may have until March 22, 2013 in which to submit an
amended petition for writ of habeas corpus on an approved form. Signed by
Magistrate Judge Peter A. Oppeneer on 2/22/2013. (jef),(ps) (Entered: 02/22/2013)

03/25/2013

9 Third Motion for Extension of Time by Petitioner Ronald Helmut Wagner.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/25/2013)

03/28/2013

10 ORDER denying 9 Motion for Extension of Time. This case will remain closed as of
February 15, 2013, pursuant to Fed. R. Civ. P. 41(b). If Wagner wishes to challenge
his state court conviction, he must open a new case by submitting a form that has
been approved for use by state prisoners under 28 U.S.C. § 2254 and which complies
with the federal rules. To assist Wagner, the Clerk's Office will return all records
submitted by him previously in this case. Signed by Magistrate Judge Peter A.
Oppeneer on 3/27/2013. (elc),(ps) (Entered: 03/28/2013)

04/25/2013

11 Motion for Reconsideration re 10 Order, by Petitioner Ronald Helmut Wagner.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/25/2013)

04/15/2014 9:57 AM

ECF Western District of Wisconsin

3 of 5

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?105253222964676-L_1_0-1

04/25/2013

12 Amended Petition for Writ of Habeas Corpus - State, filed by Ronald Helmut
Wagner. (jef),(ps) (Entered: 04/25/2013)

04/29/2013

13 Affidavit of Ronald Wagner re: 11 Motion for Reconsideration. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/29/2013)

05/14/2013

14 ORDER that Ronald Helmut Wagner's motion to reinstate (Dkt. # 11 ) is GRANTED.
The clerk's office will reinstate this case to the court's active docket. Signed by
District Judge William M. Conley on 5/14/2013. (jef),(ps) (Entered: 05/14/2013)

07/02/2013

15 Order to Show Cause Issued. Materials delivered pursuant to an informal service
agreement to the Wisconsin Attorney General for service on Respondent. Signed by
Magistrate Judge Stephen L. Crocker on 6/28/2013. (jef),(ps) (Entered: 07/02/2013)

07/02/2013

16 Acceptance of Service by DOJ on behalf of Respondent Michael Dittman. (Weber,
Gregory),(ps) (Entered: 07/02/2013)

07/12/2013

17 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 Peter A. Oppeneer
on 7/12/2013. (jef),(ps) (Entered: 07/12/2013)

07/17/2013

18 Notice of Appearance filed by Katherine D. Lloyd for Respondent Michael Dittman
(Lloyd, Katherine),(ps) (Entered: 07/17/2013)

08/01/2013

19 Motion for Extension of Time to File Motion to Dismiss by Respondent Michael
Dittman. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Lloyd, Katherine),(ps) (Entered: 08/01/2013)

08/02/2013

20 ** TEXT ONLY ORDER **
ORDER granting respondent's 19 Motion for Extension of Time. Respondent's
motion to dismiss due 8/12/2013. Signed by Magistrate Judge Stephen L. Crocker on
8/2/2013. (jef),(ps) (Entered: 08/02/2013)

08/12/2013

21 MOTION TO DISMISS Petition as Untimely Filed by Respondent Michael
Dittman. (Lloyd, Katherine),(ps) (Entered: 08/12/2013)

08/12/2013

22 Brief in Support of 21 Motion to Dismiss Petition as Untimely Filed by Respondent
Michael Dittman (Attachments:
# 1 Exhibit Ex. 1 - Wagner's Judgment of Conviction,
# 2 Exhibit Ex. 2 - Order denying postconviction relief,
# 3 Exhibit Ex. 3 - Order dismissing Wagner's appeal and extending time to seek
postconviction review,
# 4 Exhibit Ex. 4 - Order denying postconviction relief,
# 5 Exhibit Ex. 5 - Court of appeal decision,
# 6 Exhibit Ex. 6 - Order denying petition for review,
# 7 Exhibit Ex. 7 - State's response brief and appendix,
# 8 Certificate of Service) (Lloyd, Katherine),(ps) (Entered: 08/12/2013)

08/12/2013

Set Deadlines as to 21 MOTION TO DISMISS Petition as Untimely Filed.
Petitioner's Brief in Opposition due 9/3/2013. Respondent's Brief in Reply due
9/13/2013. (elc),(ps) (Entered: 08/12/2013)

09/09/2013

23 Motion for Extension of Time to file brief in opposition by Petitioner Ronald Helmut
Wagner. (Attachments:

04/15/2014 9:57 AM

ECF Western District of Wisconsin

4 of 5

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?105253222964676-L_1_0-1

# 1 Cover Letter,
# 2 Cover Letter 2,
# 3 Envelope) (jef),(ps) (Entered: 09/09/2013)
09/09/2013

24 ** TEXT ONLY ORDER **
Order GRANTING petitioner's 23 Motion for Extension of Time until September 23,
2013 to file his opposition to respondent's motion to dismiss. Respondent's brief in
reply is due October 3, 2013. Signed by Magistrate Judge Stephen L. Crocker on
9/9/2013. (elc),(ps) (Entered: 09/09/2013)

09/25/2013

25 Response to Proposed Findings of Fact filed by Petitioner Ronald Helmut Wagner re:
21 Motion to Dismiss (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jaf),(ps) (Entered: 09/25/2013)

09/25/2013

26 Affidavit of Ronald Helmut Wagner filed by Petitioner Ronald Helmut Wagner re: 21
Motion to Dismiss (jaf),(ps) (Entered: 09/25/2013)

09/25/2013

27 Proposed Findings of Fact filed by Petitioner Ronald Helmut Wagner re: 21 Motion
to Dismiss (jaf),(ps) (Entered: 09/25/2013)

09/25/2013

28 Brief in Opposition by Petitioner Ronald Helmut Wagner re: 21 Motion to Dismiss
filed by Michael Dittman (jaf),(ps) (Entered: 09/25/2013)

10/02/2013

29 Motion for Extension of Time to File Reply to Petitioner's Brief in Opposition to
Respondent's Motion to Dismiss by Respondent Michael Dittman. Motions referred
to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Lloyd, Katherine),(ps) (Entered: 10/02/2013)

10/02/2013

30 ** TEXT ONLY ORDER **
Order GRANTING respondent's 29 Motion for Extension of Time until October 11,
2013 to file his brief in reply to the motion to dismiss. Signed by Magistrate Judge
Stephen L. Crocker on 10/2/2013. (elc),(ps) (Entered: 10/02/2013)

10/11/2013

31 Brief in Reply by Respondent Michael Dittman in Support of 21 Motion to Dismiss
(Attachments:
# 1 Certificate of Service) (Lloyd, Katherine),(ps) (Entered: 10/11/2013)

02/07/2014

32 ORDER granting respondent Michael Dittman's 21 Motion to Dismiss; dismissing
Ronald Helmut Wagner's 12 Petition for Writ of Habeas Corpus with prejudice. A
certificate of appealability is denied. Signed by District Judge William M. Conley on
2/7/2014. (elc),(ps) (Entered: 02/07/2014)

02/07/2014

33 JUDGMENT entered in favor of respondent Michael Dittman dismissing petitioner
Ronald Helmut Wagner's petition for a writ of habeas corpus with prejudice as barred
by the one-year statute of limitations found at 28 U.S.C. § 2244(d)(1). (
PAO/elc),(ps) (Entered: 02/07/2014)

03/11/2014

34 Letter Requesting Docket Sheet, Notice of Change of Address, Letter Regarding
Procedural Questions by Petitioner Ronald Helmut Wagner. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 03/11/2014)

03/12/2014

35 Letter from clerk's office in response to petitioner's 34 Letter. (elc),(ps) (Entered:
03/12/2014)

04/15/2014 9:57 AM

ECF Western District of Wisconsin

5 of 5

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?105253222964676-L_1_0-1

03/24/2014

36 Request to Amend Parties/Caption by Petitioner Ronald Helmut Wagner.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/24/2014)

04/03/2014

37 Motion for Reconsideration re 32 Order by Petitioner Ronald Helmut Wagner.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/03/2014)

04/03/2014

38 Affidavit of Ronald Helmut Wagner re: 37 Motion for Reconsideration. (elc),(ps)
(Entered: 04/03/2014)

04/04/2014

39 ORDER denying 37 Motion for Reconsideration. No certificate of appealability will
issue from this decision. Signed by District Judge William M. Conley on 4/4/2014.
(jef),(ps) (Entered: 04/04/2014)

04/09/2014

40 Motion to reopen the time to appeal by Petitioner Ronald Helmut Wagner.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 04/09/2014)

04/10/2014

41 ORDER denying petitioner's 40 motion to reopen the time to appeal. Signed by
District Judge William M. Conley on 4/10/2014. (jef),(ps) (Entered: 04/10/2014)

04/14/2014

42 NOTICE OF APPEAL by Petitioner Ronald Helmut Wagner as to 33 Judgment, 32
Order on Petition for Writ of Habeas Corpus. In forma pauperis pending. No
Docketing Statement filed. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 04/14/2014)

04/14/2014

43 Appeal Information Packet. (elc),(ps) (Entered: 04/14/2014)

04/15/2014 9:57 AM