Pidgeon, Curtis v. Tegels, Lizzie

Filing 50

Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 48 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 #: 3:13−cv−00057−bbc

Pidgeon, Curtis v. Smith, Judy
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:2254 Petition for Writ of Habeas Corpus (State)

Date Filed: 01/24/2013
Date Terminated: 09/02/2014
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Curtis J. Pidgeon

represented by Julie K. Linnen
Federal Defender Services
222 W. Washington Avenue, Suite 300
Madison, WI 53703
608−260−9900x1102
Fax: 608−260−9901
Email: [e-mail]
ATTORNEY TO BE NOTICED
Kelly A. Welsh
Federal Defender Services of Wisconsin,
Inc.
222 West Washington Ave.
Suite 680
Madison, WI 53703
608−260−9900
Fax: 608−260−9901
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Respondent
Judy Smith

represented by 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]
TERMINATED: 05/09/2013
LEAD ATTORNEY
William L. Gansner
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−3539
Fax: 608−266−9594
Email: [e-mail]
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: [e-mail]
TERMINATED: 04/23/2013
Date Filed

#

Docket Text

01/24/2013

1 Petition for Writ of Habeas Corpus − State ( Filing fee $ 5 receipt number
34690016348), filed by Curtis J. Pidgeon. (Case randomly assigned to District
Judge Barbara B. Crabb) (Attachments:
# 1 Exhibits,
# 2 Cover Letter) (elc) (Entered: 01/24/2013)

02/11/2013

2 Request for Liberal Construction of Petition for Writ of Habeas Corpus by
Petitioner Curtis J. Pidgeon. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 02/11/2013)

04/09/2013

3 Order to Show Cause Issued. Materials served on WI Department of Justice
pursuant to informal service agreement. Signed by District Judge Barbara B. Crabb
on 4/9/2013. (jef),(ps) (Entered: 04/09/2013)

04/10/2013

4 Acceptance of Service by DOJ on behalf of Respondent Lizzie Tegels. (Weber,
Gregory),(ps) (Entered: 04/10/2013)

04/10/2013

5 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 4/10/2013. (jef),(ps) (Entered: 04/10/2013)

04/23/2013

6 Notice of Appearance filed by Jacob Julian Wittwer for Respondent Lizzie Tegels
(Wittwer, Jacob),(ps) (Entered: 04/23/2013)

05/07/2013

7 Notice of Appearance filed by William Lynn Gansner for Respondent Lizzie
Tegels (Gansner, William),(ps) (Entered: 05/07/2013)

05/09/2013

8 Motion for Extension of Time For One−Week To Respond To Petition For Writ Of
Habeas Corpus by Respondent Lizzie Tegels. Motions referred to Magistrate
Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service for extension motion) (Gansner, William),(ps) (Entered:
05/09/2013)

05/10/2013

9 ** TEXT ONLY ORDER **
Order GRANTING respondent's 8 Motion for Extension of Time until May 16,
2013 to respond to the petition for a writ of habeas corpus. Signed by Magistrate
Judge Stephen L. Crocker on 5/10/2013. (elc),(ps) (Entered: 05/10/2013)

05/15/2013

10 Response to 1 Petition for Writ of Habeas Corpus − State ( Filing fee $ 5 receipt
number 34690016348.) And Exhibits A through J by Respondent Lizzie Tegels.
(Attachments:
# 1 Exhibit A−judgment of conviction,
# 2 Exhibit B−Dodge Co Cir Ct order dated 2−19−10,
# 3 Exhibit C−Brief filed by Pidgeon dated 12−29−10,
# 4 Exhibit D−Brief filed by State of Wisconsin dated 3−9−11,
# 5 Exhibit E−Brief filed by Pidgeon dated 4−8−11,
# 6 Exhibit F−Court of Appeals order dated 8−23−11,
# 7 Exhibit G−Motion for reconsideration filed by Pidgeon dated 9−7−11,
# 8 Exhibit H−Court of Appeals order dated 9−14−11,
# 9 Exhibit I−Petition for review filed by Pidgeon dated 10−27−11,
# 10 Exhibit J−WI Supreme Court order dated 1−24−12,
# 11 Certificate of Service for answer and Exs. A−J) (Gansner, William),(ps)
(Entered: 05/15/2013)

05/16/2013

Set Deadlines as to 1 Petition for Writ of Habeas Corpus. Petitioner's Brief in
Support due 6/17/2013. Respondent shall file a brief in opposition within 30 days
of the date of service of petitioner's brief. Petitioner shall have 20 days after service
of respondent's brief in which to file a reply brief. (elc),(ps) (Entered: 05/16/2013)

05/16/2013

11 Motion for Default Judgment as to Lizzie Tegels by Petitioner Curtis Pidgeon.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 05/16/2013)

05/21/2013

12 ORDER denying petitioner's 11 Motion for entry of default. Signed by District
Judge Barbara B. Crabb on 5/21/2013. (jef),(ps) (Entered: 05/21/2013)

05/24/2013

13 Motion for Assistance in Recruiting Counsel by Petitioner Curtis J. Pidgeon.
(Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 05/24/2013)

06/05/2013

14 Letter from Petitioner to AAG Gansner requesting copy of paginated transcripts.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 06/05/2013)

06/11/2013

15 ORDER denying 13 Motion for appointment of counsel. Signed by District Judge
Barbara B. Crabb on 6/11/2013. (jef),(ps) (Entered: 06/11/2013)

06/13/2013

16 Motion for Extension of Time by Petitioner Curtis J. Pidgeon. Motions referred to
Stephen L. Crocker. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jaf),(ps) (Entered: 06/13/2013)

06/14/2013

17 ** TEXT ONLY ORDER **
ORDER granting 16 Motion for Extension of Time. Petitioner's Brief in Support
due 7/18/2013. Respondent shall file a brief in opposition within 30 days of the
date of service of petitioner's brief. Petitioner shall have 20 days after service of
respondent's brief in which to file a reply brief. Signed by Magistrate Judge
Stephen L. Crocker on 6/14/2013. (jef),(ps) (Entered: 06/14/2013)

07/17/2013

18 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner Curtis J.
Pidgeon. (Attachments:
# 1 Affidavit of service) (jef),(ps) (Additional attachment(s) added on 7/17/2013:
# 2 RP1 − Status conference transcript, 07cf361, 3/18/08,
# 3 RP2 − Plea Hearing transcript, 07cf361, 4/17/18,
# 4 RP3 − Plea Hearing transcript, 07cf361, 5/21/08,
# 5 RP4 − Plea questionaire, stipulation,
# 7 RP5 − Motion Hearing transcript, 07cf361, 3/11/09,
# 8 RP6 − Other case 07cf361 documents and correspondence) (jef). (Entered:
07/17/2013)

07/17/2013

19 Affidavit of Curtis Pigeon re: 1 Petition for Writ of Habeas Corpus. (jef),(ps)
(Entered: 07/17/2013)

07/17/2013

Set Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus. Respondent's
Brief in Opposition due 8/16/2013. Petitioner shall have 20 days after service of
respondent's brief in which to file a reply brief. (jef),(ps) (Entered: 07/17/2013)

08/16/2013

20 Motion for Extension of Time To Serve And File Brief In Opposition To Petition
For Writ Of Habeas Corpus by Respondent Lizzie Tegels. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service for extension motion) (Gansner, William),(ps) (Entered:
08/16/2013)

08/16/2013

21 ** TEXT ONLY ORDER **
Order GRANTING respondent's 20 Motion for Extension of Time until September
13, 2013 to file her brief in opposition to the habeas petition. Signed by Magistrate
Judge Stephen L. Crocker on 8/16/2013. (elc),(ps) (Entered: 08/16/2013)

09/12/2013

22 Motion for Extension of Time For Additional Two−Week Extension To Serve And
File Brief In Opposition To Petition For Writ Of Habeas Corpus by Respondent
Lizzie Tegels. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Certificate of Service for extension motion) (Gansner, William),(ps) (Entered:
09/12/2013)

09/12/2013

23 ** TEXT ONLY ORDER **
ORDER granting respondent's second 22 Motion for Extension of Time until
September 27, 2013 to file her brief in opposition to the habeas petition. The court
will not grant a third request for an extension of this deadline. Petitioner shall have
20 days after service of respondent's brief in which to file a reply brief. Signed by
Magistrate Judge Stephen L. Crocker on 9/12/2013. (jef),(ps) (Entered:
09/12/2013)

09/27/2013

24 Brief in Opposition by Respondent Lizzie Tegels re: 1 Petition for Writ of Habeas
Corpus filed by Curtis J. Pidgeon (Attachments:
# 1 Certificate of Service for brief in opposition) (Gansner, William),(ps) (Entered:
09/27/2013)

09/27/2013

Set Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's Brief
in Reply due 10/17/2013. (elc),(ps) (Entered: 09/27/2013)

10/15/2013

25 Brief in Reply by Petitioner Curtis J. Pidgeon in Support of 1 Petition for Writ of
Habeas Corpus (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 10/15/2013)

10/17/2013

26 Motion for Assistance in Recruiting Counsel by Petitioner Curtis J. Pidgeon.
(Attachments:
# 1 Letters from Attorneys,
# 2 Certificate of Service,
# 3 Envelope) (jaf),(ps) (Entered: 10/17/2013)

11/04/2013

27 Notice of Change of Address, Request for Copy of Docket by Petitioner Curtis J.
Pidgeon (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 11/04/2013)

12/13/2013

28 ORDER that petitioner Curtis Pidgeon may have until December 30, 2013 to
submit a six−month trust fund account statement so that the court may assess his
financial eligibility for appointment of counsel. The court will schedule a prompt
evidentiary hearing following resolution of petitioner's motion for appointment of
counsel. Signed by District Judge Barbara B. Crabb on 12/13/2013. (jef),(ps)
(Entered: 12/13/2013)

12/30/2013

29 Prisoner Trust Fund Account Statement by Petitioner Curtis J. Pidgeon
(Attachments:
# 1 Exhibits in Support,
# 2 Cover Letter,
# 3 Certificate of Service,
# 4 Envelope) (jaf),(ps) (Entered: 12/30/2013)

12/30/2013

30 Letter confirming court received prior filing by Petitioner Curtis J. Pidgeon.
(Attachments:
# 1 Prior Submissions,
# 2 Certificate of Service,
# 3 Envelope) (jaf),(ps) (Entered: 12/30/2013)

12/31/2013

31 ORDER granting petitioner's 26 Motion for appointment of counsel. The court will
recruit counsel for petitioner under the terms of the court's Criminal Justice Act
Plan. Signed by District Judge Barbara B. Crabb on 12/31/2013. (jef),(ps) (Entered:
12/31/2013)

01/10/2014

32 Notice of Appearance filed by Julie K. Linnen for Petitioner Curtis J. Pidgeon
(Linnen, Julie),(ps) (Entered: 01/10/2014)

01/10/2014

33 Notice of Appearance filed by Kelly A. Welsh for Petitioner Curtis J. Pidgeon
(Welsh, Kelly),(ps) (Entered: 01/10/2014)

01/10/2014

Set Telephone Status Conference: Telephone Status Conference set for 1/22/2014
at 03:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Petitioner
responsible for setting up the call to chambers at (608) 264−5153. (elc),(ps)
(Entered: 01/10/2014)

01/22/2014

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 1/22/2014 [:20] (skv),(ps) (Entered:
01/22/2014)

01/23/2014

34 ORDER that not later than April 11, 2014, each side must file a pre−hearing brief
with the court previewing what the court should expect at the evidentiary hearing.
Not later than April 18, 2014, each side may file a response to its opponent's first
brief. The court shall hold an evidentiary hearing on April 25, 2014 at 9:00 a.m.
Signed by Magistrate Judge Stephen L. Crocker on 1/22/2014. (jef),(ps) (Entered:
01/23/2014)

01/23/2014

Set Deadlines/Hearings: Evidentiary Hearing set for 4/25/2014 at 09:00 AM.
(jef),(ps) (Entered: 01/23/2014)

03/26/2014

35 Writ Issued for Curtis J. Pidgeon appearance on Friday, April 25, 2014 at 8:30 a.m.
Original writ mailed to Oshkosh Correctional Institution. Courtesy copy sent to
USMS. (jef),(ps) (Entered: 03/26/2014)

04/11/2014

36 Response re: 34 Order setting pre−hearing briefing schedule by Petitioner Curtis J.
Pidgeon. (Linnen, Julie),(ps) (Entered: 04/11/2014)

04/14/2014

37 ** TEXT ONLY ORDER **
The parties' motion to strike the pre−hearing briefing schedule, dkt. 36 , is
GRANTED. A post−hearing briefing schedule will be set at the April 25, 2014
hearing. Signed by District Judge Barbara B. Crabb on 4/14/2014. (elc),(ps)
(Entered: 04/14/2014)

04/24/2014

38 Response re: 37 Text Only Order, Letter Regarding Stipulated Facts by Petitioner
Curtis J. Pidgeon. (Welsh, Kelly),(ps) (Entered: 04/24/2014)

04/25/2014

39 Minute Entry for proceedings held before District Judge Barbara B. Crabb:
Evidentiary Hearing held on 4/25/2014 [1:00] (Court Reporter LS.) (elc),(ps)
(Entered: 04/25/2014)

04/25/2014

Briefing set re: Post−Hearing Briefing. Brief in Support due 5/9/2014. Brief in
Opposition due 5/23/2014. Brief in Reply due 5/30/2014. (elc),(ps) (Entered:
04/25/2014)

04/28/2014

40 Transcript of Evidentiary Hearing, held 4/25/2014 before Judge Barbara B. Crabb.
Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (elc),(ps)
(Entered: 04/28/2014)

05/08/2014

41 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner Curtis J.
Pidgeon (Attachments:
# 1 Exhibit A−CCAP Printout) (Welsh, Kelly),(ps) (Entered: 05/08/2014)

05/22/2014

42 Motion for Extension of Time For Four−Day Extension Of Time To Serve And
File Post−Evidentiary Hearing Brief In Opposition To Petition For Writ Of
Habeas Corpus by Respondent Judy Smith. Motions referred to Magistrate Judge
Stephen L. Crocker. (Gansner, William),(ps) (Entered: 05/22/2014)

05/23/2014

43 ** TEXT ONLY ORDER **
Order GRANTING 42 Motion for Extension of Time. Respondent's Brief in
Opposition is due May 30, 2014 . Petitioner's Brief in Reply is due June 6, 2014.
Signed by Magistrate Judge Stephen L. Crocker on 5/23/2014. (elc),(ps) (Entered:
05/23/2014)

05/30/2014

44 Brief in Opposition by Respondent Judy Smith re: 1 Petition for Writ of Habeas
Corpus filed by Curtis J. Pidgeon (Attachments:
# 1 Certificate of Service) (Gansner, William),(ps) (Entered: 05/30/2014)

06/06/2014

45 Brief in Reply by Petitioner Curtis J. Pidgeon in Support of 1 Petition for Writ of
Habeas Corpus. (Linnen, Julie),(ps) (Entered: 06/06/2014)

08/29/2014

46 ORDER granting 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §
2254. Petitioner is to be released within 60 days of the issuance of this court's
mandate unless the state advises the court before then that it intends to provide

petitioner a prompt trial. Signed by District Judge Barbara B. Crabb on 8/29/2014.
(jef),(ps) (Entered: 08/29/2014)
09/02/2014

47 JUDGMENT entered granting the petition of Curtis Pidgeon for a writ of habeas
corpus under 28 U.S.C. § 2254. Petitioner is to be released within 60 days of the
issuance of this court's mandate unless the state advises the court before then that it
intends to provide petitioner a prompt trial. (BBC/PAO). (jef),(ps) (Entered:
09/02/2014)

10/01/2014

48 NOTICE OF APPEAL by Respondent Judy Smith as to 46 Order on Petition for
Writ of Habeas Corpus,. Filing fee of $ 505, receipt number 0758−1421699 paid.
No Docketing Statement filed. (Gansner, William),(ps) (Entered: 10/01/2014)

10/01/2014

49 Appeal Information Packet. (jef),(ps) (Entered: 10/01/2014)