Lagar, Humberto v. Tegels, Lizzie et al

Filing 56

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 54 Notice of Appeal. (Attachments: # 1 Order, 3/7/17, # 2 Order, 10/23/15, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13−cv−00489−wmc

Lagar, Humberto v. Tegels, Lizzie et al
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: 07/11/2013
Date Terminated: 10/23/2015
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Humberto Lagar

represented by Humberto Lagar
1248 South 30th Street
Milwaukee, WI 53215
(414) 544−0860
PRO SE

V.
Respondent
Lizzie A. Tegels
Warden at JCI

represented by William L. Gansner
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−3539
Fax: 608−266−9594
Email: [e-mail]
TERMINATED: 11/09/2015
LEAD ATTORNEY
Aaron R. O'Neil
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−1740
Fax: 608−266−9594
Email: [e-mail]
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: 07/22/2014

Respondent
The Parole Commission

Date Filed

#

Docket Text

represented by Gregory M. Weber
(See above for address)
TERMINATED: 07/22/2014
LEAD ATTORNEY

07/11/2013

1 Petition for Writ of Habeas Corpus − State, filed by Humberto Lagar. (Case
non−randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef) (Entered: 07/11/2013)

07/11/2013

2 Motion to Appoint Counsel by Petitioner Humberto Lagar. (jef),(ps) (Entered:
07/11/2013)

07/17/2013

3 ORDER on ifp request: Petitioner to submit Motion for ifp and trust fund account
statement. (Motion and Trust Fund Account Statement due 8/7/2013. ) Petitioner's 3
motion for appointment of counsel is DENIED without prejudice. Signed by
Magistrate Judge Peter A. Oppeneer on 7/17/2013. (jef),(ps) (Entered: 07/17/2013)

07/26/2013

4 Response re 3 Order by Petitioner Humberto Lagar. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/26/2013)

07/26/2013

5 Prisoner Trust Fund Account Statement by Petitioner Humberto Lagar (elc),(ps)
(Additional attachment(s) added on 7/29/2013:
# 1 IPP Calculation) (elc). (Entered: 07/26/2013)

07/29/2013

6 Addendum to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar
(Attachments:
# 1 8/17/2009 Parole Commission − Presumptive Mandatory Release Review,
# 2 8/10/2010 Parole Commission − Presumptive Mandatory Release Review,
# 3 8/14/2012 Parole Commission − Presumptive Mandatory Release Review,
# 4 8/10/2012 Parole Commission − Presumptive Mandatory Release Review,
# 5 Envelope) (elc),(ps) (Entered: 07/29/2013)

08/19/2013

7 Letter from petitioner dated August 16, 2013. (Attachments:
# 1 Copy of August 16, 2013 Letter to Milwaukee County Judge Martens,
# 2 Envelope) (elc),(ps) (Entered: 08/19/2013)

09/06/2013

8 Amendment to 1 Petition for Writ of Habeas Corpus (Attachments:
# 1 Index of Attachments,
# 2 Exhibit 1 − AODA Residential Discharge Summary,
# 3 Exhibit 2 − Respondent's Brief in Opposition to Writ of Certiorari,
# 4 Exhibit 3 − Milwaukee County Circuit Court Order dated 3/15/2011,
# 5 Exhibit 4 − Letter from DOC to Petitioner dated July 6, 2011,
# 6 Cover Letter and Envelope) (elc),(ps) (Entered: 09/06/2013)

09/06/2013

9 Letters from attorneys declining to represent petitioner in this matter. (elc),(ps)
(Entered: 09/06/2013)

09/09/2013

10 Letter from petitioner dated August 25, 2013 (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 09/09/2013)

09/10/2013

11 Letter from clerk's office in response to 10 request for status update. (elc),(ps)
(Entered: 09/10/2013)

09/18/2013

12 Amendment to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar
(Attachments:
# 1 Interview/Information Requests,
# 2 Cover Letter,
# 3 Envelope) (jaf),(ps) (Entered: 09/18/2013)

09/23/2013

13 Amendment to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar
(Attachments:
# 1 Notifications of Sentence Data,
# 2 Envelope) (jaf),(ps) (Entered: 09/24/2013)

10/28/2013

14 Notice by Petitioner Humberto Lagar that the Supreme Court of Wisconsin has denied
the petition for writ of habeas corpus in case2013AP1122W. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/28/2013)

11/18/2013

15 MOTION FOR PRELIMINARY INJUNCTION by Petitioner Humberto Lagar.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jaf),(ps) (Entered: 11/19/2013)

12/26/2013

16 Supplement to 15 Motion for Preliminary Injunction filed by Humberto Lagar
(Attachments:
# 1 Exhibits in Support,
# 2 Cover Letter,
# 3 Envelope) (jaf),(ps) (Entered: 12/26/2013)

12/26/2013

17 Copy of Communication from Wisconsin Supreme Court by Petitioner Humberto
Lagar. (Attachments:
# 1 Cover Letter) (jaf),(ps) (Entered: 12/26/2013)

02/21/2014

18 Letter Supplement to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar.
(Attachments:
# 1 John Doe Petition filed in Circuit Court of Jackson County,
# 2 Envelope) (jef),(ps) (Entered: 02/21/2014)

03/20/2014

19 Letter from Humberto Lagar (Attachments:
# 1 copy of Plaintiff's letter to Ms. Dee J. Hall dated March 17, 2014,
# 2 Envelope) (nln),(ps) (Entered: 03/20/2014)

03/27/2014

20 ORDER that petitioner Humberto Lagar is directed to show cause, if any, by
responding in writing within thirty (30) days of the date of this order why his petition
should not be dismissed as barred by the doctrine of procedural default. Signed by
District Judge William M. Conley on 3/26/2014. (jef),(ps) (Entered: 03/27/2014)

04/07/2014

21 Supplement to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar
(Attachments:
# 1 Exhibits A−N,
# 2 Cover Letter,
# 3 Envelope) (nln),(ps) (Entered: 04/07/2014)

04/14/2014

22 Submission by Petitioner Humberto Lagar regarding Presumptive Mandatory Release
Hearing. (Attachments:
# 1 Release Plan Information and Waiver of Presumptive Mandatory Release
Interview) (elc),(ps) (Entered: 04/14/2014)

06/06/2014

23 Order to Show Cause Issued. Materials served on WI Department of Justice pursuant
to informal service agreement. Signed by District Judge William M. Conley on
6/6/2014. (jef),(ps) (Entered: 06/06/2014)

07/21/2014

24 Acceptance of Service by DOJ on behalf of Respondent Lizzie A. Tegels. (Weber,
Gregory),(ps) (Entered: 07/21/2014)

07/21/2014

25 Notice of Appearance filed by William Lynn Gansner for Respondent Lizzie A.
Tegels. (Gansner, William),(ps) (Entered: 07/21/2014)

07/22/2014

26 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: 07/22/2014)

08/05/2014

27 Motion for Extension of Time to File Answer by Respondent Lizzie A. Tegels.
Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Gansner, William),(ps) (Entered: 08/05/2014)

08/06/2014

28 ** TEXT ONLY ORDER **
State inmate Humberto Lagar has filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254. The respondent has filed a motion for a ten−day extension of time, up
to and including August 15, 2014, in which to answer. It is ORDERED that the
respondent's motion for an extension of time (dkt. # 27 ) is GRANTED. Signed by
District Judge William M. Conley on 8/6/2014. (elc),(ps) (Entered: 08/06/2014)

08/15/2014

29 Response to 1 Petition for Writ of Habeas Corpus − State (Filing fee $ 5.),
(Attachments:
# 1 Exhibit A − Judgment of Conviction,
# 2 Certificate of Service) (Gansner, William),(ps) Modified on 8/15/2014. (lak)
(Entered: 08/15/2014)

08/15/2014

Set Deadlines as to 1 Petition for Writ of Habeas Corpus. Petitioner's additional brief
in support of his petition or written notice that he intends to rest on his initial brief due
9/15/2014. 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: 08/15/2014)
08/26/2014

30 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner Humberto Lagar
(Attachments:
# 1 Exhibits A−J,
# 2 Cover Letter,
# 3 Envelope) (nln),(ps) (Entered: 08/26/2014)

08/27/2014

Set Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Respondent's Brief in
Opposition due 9/26/2014. 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: 08/27/2014)

09/02/2014

31 MOTION FOR PRELIMINARY INJUNCTION by Petitioner Humberto Lagar.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) Modified on 10/23/2014 (nln). Modified on
10/24/2014 (nln). (Entered: 09/02/2014)

09/08/2014

32 ** TEXT ONLY ORDER **
State inmate Humberto Lagar has filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254. The respondent has filed an answer and Lagar has filed a brief in
support of his petition. Lagar has also filed a motion for a preliminary injunction,
arguing that he is entitled to relief in his favor. Lagar's motion for a preliminary
injunction (dkt. # 31 ) is DENIED at this time. The court will reconsider Lagar's
arguments after the respondent has filed her brief in opposition to the petition and
Lagar has submitted his brief in reply. Signed by District Judge William M. Conley on
9/8/2014. (elc),(ps) (Entered: 09/08/2014)

09/18/2014

33 Letter Supplement to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar
(Attachments:
# 1 Petitioner Humberto Lagar letter to Warden Tegels dated September 15, 2014,
# 2 Envelope) (nln),(ps) (Entered: 09/18/2014)

09/26/2014

34 Motion for Extension of Time To Serve and File Brief In Opposition to Petition For A
Writ Of Habeas Corpus by Respondent Lizzie A. Tegels. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Gansner, William),(ps) Modified on 9/29/2014. (lak)
(Entered: 09/26/2014)

09/29/2014

35 ** TEXT ONLY ORDER **
State inmate Humberto Lagar has filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254. The respondent has filed a motion seeking a ten−day extension of time,
up to and including October 6, 2014, in which to submit a brief in opposition. It is
ORDERED that the respondent's motion for an extension of time (dkt. # 34 ) is
GRANTED. Signed by District Judge William M. Conley on 9/29/2014. (jef),(ps)
(Entered: 09/29/2014)

10/06/2014

36 Motion for Extension of Time To Serve and File Brief In Opposition To Petition For
Writ Of Habeas Corpus by Respondent Lizzie A. Tegels. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Gansner, William),(ps) Modified on 10/7/2014. (lak)
(Entered: 10/06/2014)

10/07/2014

37 ** TEXT ONLY ORDER **
State inmate Humberto Lagar has filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254. The respondent has filed a second motion for an extension of time in
which to submit a brief in opposition. The requested extension is minimal, extending
the due date one week, from October 6 to October 13, 2014. Therefore, it is
ORDERED that the respondent's motion for an extension of time (dkt. # 36 ) is
GRANTED. Signed by District Judge William M. Conley on 10/7/2014. (jef),(ps)
(Entered: 10/07/2014)

10/13/2014

38 Brief in Opposition by Respondent Lizzie A. Tegels re: 1 Petition for Writ of Habeas
Corpus filed by Humberto Lagar, (Attachments:
# 1 Certificate of Service) (Gansner, William),(ps) Modified on 10/14/2014. (lak)
(Entered: 10/13/2014)

10/14/2014

39 Objection to any further requests for an extension of time that respondent should file
by Petitioner Humberto Lagar. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 10/14/2014)

10/23/2014

40 Brief in Reply by Petitioner Humberto Lagar in Support of 1 Petition for Writ of
Habeas Corpus (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 10/23/2014)

10/29/2014

41 Correction to 40 Brief in Reply filed by Humberto Lagar. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 10/29/2014)

11/20/2014

42 Copy of letter from plaintiff sent to Jackson County Judge Anna Becker.
(Attachments:
# 1 Letter sent to Judge Becker,
# 2 Envelope) (jef),(ps) Modified on 11/20/2014 (jef). (Entered: 11/20/2014)

12/01/2014

43 Letter from petitioner regarding segregation. (Attachments:
# 1 Letter to Warden Tegels,
# 2 Envelope) (jef),(ps) (Entered: 12/01/2014)

04/10/2015

44 Letter Supplement to 1 Petition for Writ of Habeas Corpus filed by Humberto Lagar.
(Attachments:
# 1 Release Plan Information,
# 2 Inmate Complaint by Law,
# 3 Envelope) (nln),(ps) (Entered: 04/10/2015)

06/15/2015

45 Motion for Reconsideration re 32 Order denying Motion for Preliminary Injunction by
Petitioner Humberto Lagar. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 06/15/2015)

09/14/2015

46 Letter from Petitioner Humberto Lagar to Judge Conley requesting prompt disposition
of this case. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 09/14/2015)

10/23/2015

47 ORDER denying 1 Petition for Writ of Habeas Corpus and dismissing this case. No
certificate of appealability will issue. Signed by District Judge William M. Conley on
10/23/2015. (jef),(ps) (Entered: 10/23/2015)

10/23/2015

48 JUDGMENT entered denying Humberto Lagar's petition for a writ of habeas corpus
under 28 U.S.C. § 2254 and dismissing this case. (PAO/jef). (jef),(ps) (Additional
attachment(s) added on 3/30/2017:
# 1 Judgment) (jef). (Entered: 10/23/2015)

11/04/2015

49 Motion for Reconsideration by Petitioner Humberto Lagar re 47 Order on Petition for
Writ of Habeas Corpus. (Attachments:
# 1 Exhibits A and B − Horizon Healthcare, Inc. & Matt Talbot Recovery Services,
Inc. AODA and CGIP brochure,
# 2 Cover Letter,
# 3 Envelope) (nln),(ps) (Entered: 11/04/2015)

11/04/2015

Set Briefing Deadlines as to 49 Motion for Reconsideration re 47 Order on Petition for
Writ of Habeas Corpus. Defendants' Brief in Opposition due 11/18/2015. Plaintiff's
Brief in Reply due 11/25/2015. (nln),(ps) (Entered: 11/04/2015)

11/09/2015

50 Notice of Appearance filed by Aaron R. O'Neil for Respondent Lizzie A. Tegels.
(O'Neil, Aaron),(ps) (Entered: 11/09/2015)

11/16/2015

51 Brief in Opposition by Respondent Lizzie A. Tegels re: 49 Motion for
Reconsideration, filed by Humberto Lagar, (Attachments:
# 1 Certificate of Service) (O'Neil, Aaron),(ps) Modified on 11/17/2015. (lak)
(Entered: 11/16/2015)

11/25/2015

52 Brief in Reply by Petitioner Humberto Lagar in Support of 49 Motion for
Reconsideration. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 11/25/2015)

03/07/2017

53 ORDER denying petitioner's 49 Motion to Alter or Amendment the Judgment under
Fed. R. Civ. P. 59(e). Signed by District Judge William M. Conley on 3/7/2017.
(jef),(ps) (Entered: 03/07/2017)

03/30/2017

54 NOTICE OF APPEAL by Petitioner Humberto Lagar as to 53 Order on Motion for
Reconsideration, 48 Judgment, 47 Order. In forma pauperis pending. No Docketing
Statement filed. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 03/30/2017)

03/30/2017

55 Appeal Information Packet. (jef),(ps) (Entered: 03/30/2017)