Shuttlesworth, Jermaine v. Respondent

Filing 34

Transmission of Notice of Appeal, Docket Sheet, Orders and Judgment to Seventh Circuit Court of Appeals re 31 Notice of Appeal. (Attachments: # 1 Order, 1/4/17, # 2 Judgment, 11/10/16, # 3 Order, 11/10/16, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14−cv−00567−jdp

Shuttlesworth, Jermaine v. Richardson, Reed
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:2254 Petition for Writ of Habeas Corpus (State)

Date Filed: 08/14/2014
Date Terminated: 11/10/2016
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Jermaine W. Shuttlesworth

represented by Jermaine W. Shuttlesworth
497075
Stanley Correctional Institution
100 Corrections Dr.
Stanley, WI 54768−6500
(715) 644−2960
PRO SE

V.
Respondent
Respondent
TERMINATED: 12/04/2015

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: 12/08/2015
LEAD ATTORNEY

Respondent
Reed Richardson

represented by Gregory M. Weber
(See above for address)
TERMINATED: 12/08/2015
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

Date Filed

#

Docket Text

08/14/2014

1 Petition for Writ of Habeas Corpus − State, filed by Jermaine W. Shuttlesworth. (Case
randomly assigned to District Judge James D. Peterson.) (Attachments:
# 1 Envelope) (jef) (Entered: 08/14/2014)

08/14/2014

2 Supplement / Statement of Case, Standard of Review and Grounds 1−3 arguments re:
1 Petition for Writ of Habeas Corpus by Petitioner Jermaine W. Shuttlesworth.
(Attachments:
# 1 Table of Contents and Table of Authorities,
# 2 Exhibit A − Laboratory findings,

# 3 Exhibit B − Wis. Supreme Ct. denial for review) (jef),(ps) (Entered: 08/14/2014)
08/25/2014

3 ORDER on ifp request: Petitioner to submit $5 or Motion for ifp and trust fund
account statement. $5 fee or motion and Trust Fund Account Statement due 9/15/2014.
Signed by Magistrate Judge Peter A. Oppeneer on 8/25/2014. (jef),(ps) (Entered:
08/25/2014)

09/08/2014

Filing fee received: $ 5, receipt number 34690021062. (jef),(ps) (Entered: 09/08/2014)

01/15/2015

4 Letter Requesting Status Update by Petitioner Jermaine W. Shuttlesworth.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 01/15/2015)

01/16/2015

5 Letter from Clerk's office in response to 4 letter requesting status update by Petitioner
Jermaine W. Shuttlesworth. (nln),(ps) (Entered: 01/16/2015)

12/04/2015

6 Order to Show Cause Issued. Materials served on WI Department of Justice pursuant
to informal service agreement. Signed by District Judge James D. Peterson on
12/4/2015. (jef),(ps) (Entered: 12/04/2015)

12/04/2015

7 Acceptance of Service by DOJ on behalf of Respondent Reed Richardson. (Weber,
Gregory),(ps) (Entered: 12/04/2015)

12/07/2015

8 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. (nln),(ps) (Entered: 12/07/2015)

12/08/2015

9 Notice of Appearance filed by Aaron R. O'Neil for Respondent Reed Richardson.
(O'Neil, Aaron),(ps) (Entered: 12/08/2015)

01/29/2016

10 Respondent's Response to 1 Petition for Writ of Habeas Corpus − State by Respondent
Reed Richardson, (Attachments:
# 1 Exhibit 1 − Judgments of Conviction,
# 2 Exhibit 2 − Shuttlesworth motion to compel release of SANE report,
# 3 Exhibit 3 − Wisconsin Court of Appeals Order denying motion dated 3−4−13,
# 4 Exhibit 4 − Petition for review filed by Shuttlesworth,
# 5 Exhibit 5 − Wisconsin Supreme Court Order dismissing petition for review dated
3−20−15,
# 6 Exhibit 6 − Appointed counsel's no−merit report filed in Wisconsin Supreme
Court,
# 7 Exhibit 7 − Shuttlesworth response to the no−merit report,
# 8 Exhibit 8 − Appointed counsel's supplemental no−merit report dated 4−23−13,
# 9 Exhibit 9 − Appointed counsel's supplemental no−merit report dated 5−31−13,
# 10 Exhibit 10 − Wisconsin Court of Appeals decision and order accepting no−merit
and affirming judgments of conviction dated 10−30−13,
# 11 Exhibit 11 − Shuttlesworth's petition for review in the Wisconsin Supreme Court,
# 12 Exhibit 12 − State of Wisconsin response to Shuttlesworth's petition for review,
# 13 Exhibit 13 − Wisconsin Supreme Court order denying petition for review dated
2−19−14,
# 14 Exhibit 14 − Transcript of Bail Hearing dated 2−14−12.
# 15 Exhibit 15 − Transcript of Initial Appearance dated 2−16−12,
# 16 Exhibit 16 − Transcript of adjourned Initial Appearance dated 2−24−12,
# 17 Exhibit 17 − Transcript of Preliminary Hearing dated 4−12−12,
# 18 Exhibit 18 − Transcript of Preliminary Hearing dated 5−4−12,
# 19 Exhibit 19 − Transcript of Sentencing Hearing dated 8−16−12,
# 20 Certificate of Service for Answer and Exhibits) (O'Neil, Aaron),(ps) Modified on
1/29/2016: Clarified exhibit descriptions. (lak) (Entered: 01/29/2016)

01/29/2016

Set Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's
additional Brief in Support or written notice that he intends to rest on his initial brief is
due 2/29/2016. Respondent's brief in opposition due within 30 days of receipt of
petitioner's brief or notice. Once respondent files a brief in opposition, petitioner will
have 20 days to file a reply if he wishes to do so. (nln),(ps) (Entered: 01/29/2016)

02/22/2016

11 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner Jermaine W.
Shuttlesworth. (Attachments:
# 1 Exhibit A − Wis. Dept. of Justice laboratory findings,

# 2 Envelope) (jef),(ps) (Entered: 02/22/2016)
02/22/2016

Set/Reset Deadlines as to 1 Petition for Writ of Habeas Corpus. Respondent's Brief in
Opposition due 3/23/2016. Once respondent files a brief in opposition, petitioner will
have 20 days to file a reply if he wishes to do so. (jef),(ps) (Entered: 02/22/2016)

03/21/2016

12 Motion for Extension of Time to File Brief by Respondent Reed Richardson. Motions
referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (O'Neil, Aaron),(ps) Modified on 3/22/2016. (lak) (Entered:
03/21/2016)

03/21/2016

13 ** TEXT ONLY ORDER **
Respondent's 12 Motion for Extension of Time until April 21, 2016 to file his brief in
opposition to the petition for writ of habeas corpus is GRANTED. Once respondent
files his brief in opposition, petitioner will have 20 days to file a reply if he wishes to
do so. Signed by Magistrate Judge Stephen L. Crocker on 3/21/2016. (elc),(ps)
(Entered: 03/21/2016)

04/20/2016

14 Brief in Opposition by Respondent Reed Richardson re: 1 Petition for Writ of Habeas
Corpus filed by Jermaine W. Shuttlesworth, (Attachments:
# 1 Certificate of Service) (O'Neil, Aaron),(ps) (Entered: 04/20/2016)

04/20/2016

Reset Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus − State.
Petitioner's Brief in Reply due 5/10/2016. (nln),(ps) (Entered: 04/20/2016)

04/28/2016

15 Motion for extension of time to file reply brief, by Petitioner Jermaine W.
Shuttlesworth. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (nln),(ps) (Entered: 04/28/2016)

04/29/2016

16 ** TEXT ONLY ORDER **
ORDER granting 15 Motion for Extension of Time. Petitioner's Brief in Reply due
6/13/2016. Signed by Magistrate Judge Stephen L. Crocker on 4/29/2016. (nln),(ps)
(Entered: 04/29/2016)

06/10/2016

17 Brief in Reply by Petitioner Jermaine W. Shuttlesworth in Support of 1 Petition for
Writ of Habeas Corpus. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 06/10/2016)

06/10/2016

18 Affidavit of Petitioner Jermaine W. Shuttlesworth re: 1 Petition for Writ of Habeas
Corpus. (Attachments:
# 1 Appendix 100 − Correspondence, incident report, medical records, other
documents) (jef),(ps) (Entered: 06/10/2016)

06/10/2016

19 Motion for Discovery by Petitioner Jermaine W. Shuttlesworth. (jef),(ps) (Entered:
06/10/2016)

06/10/2016

20 Motion to expand the record pursuant to Fed. R. Civ. P. 7 by Petitioner Jermaine W.
Shuttlesworth. (jef),(ps) (Entered: 06/10/2016)

06/10/2016

Set Briefing Deadlines as to petitioner's 20 Motion to expand the record and 19 Motion
for discovery. Respondent's Brief in Opposition due 6/20/2016. Petitioner's Brief in
Reply due 6/30/2016. (jef),(ps) (Entered: 06/10/2016)

06/20/2016

21 Motion for Leave to File and Combined Brief in Opposition by Respondent Reed
Richardson re: 20 Motion to expand the record filed by Jermaine W. Shuttlesworth, 19
Motion for Discovery filed by Jermaine W. Shuttlesworth, (Attachments:
# 1 Certificate of Service) (O'Neil, Aaron),(ps) Modified on 6/21/2016: This document
includes a Motion for Leave to File. (lak) (Entered: 06/20/2016)

06/30/2016

22 Brief in Reply by Petitioner Jermaine W. Shuttlesworth in Support of 19 Motion for
Discovery, 20 Motion to expand the record pursuant to Fed. R. Civ. P. 7 and Response
to Respondent's 21 Motion for Leave to File Response to Petitioner's Reply.
(Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (nln),(ps) (Entered: 06/30/2016)

07/01/2016

Set Briefing Deadlines as to 21 Motion for leave to file response to petitioner's reply
brief. Respondent's Brief in Reply due 7/8/2016. (nln),(ps) (Entered: 07/01/2016)

07/08/2016

23 Brief in Reply by Respondent Reed Richardson in Support of 21 Motion for Leave to
File, (Attachments:
# 1 Certificate of Service) (O'Neil, Aaron),(ps) Modified on 7/9/2016. (lak) (Entered:
07/08/2016)

11/10/2016

24 ORDER denying 19 Motion for Discovery; granting 20 Motion to expand the record
for the limited purposes discussed in this opinion; granting 21 Motion for Leave to
File; denying 1 Petition for Writ of Habeas Corpus. The clerk of court is directed to
enter judgment for respondent and close this case. Petitioner's request for a certificate
of appealability is DENIED. Signed by District Judge James D. Peterson on
11/10/2016. (jef),(ps) (Entered: 11/10/2016)

11/10/2016

25 JUDGMENT entered denying Jermaine W. Shuttlesworth's 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 11/10/2016. (jef),(ps) (Entered: 11/10/2016)

12/02/2016

26 Motion to Alter or Amend Judgment by Petitioner Jermaine W. Shuttlesworth.
(Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Additional attachment(s) added on
12/2/2016:
# 3 Appendix 100 − Emergency Center Sexual Assault Evidence Collection Form,
# 4 Appendix 200 − Supplemental Kewaunee County Sheriff's Deputy Report) (elc)
Note: Appendix 300 (Affidavit docketed separately at 27 ). (Entered: 12/02/2016)

12/02/2016

27 Affidavit of Jermaine Shuttlesworth re: 26 Motion to Alter or Amend Judgment.
(elc),(ps) (Entered: 12/02/2016)

01/04/2017

28 ORDER denying 26 Motion to Alter or Amend Judgment. Signed by District Judge
James D. Peterson on 1/4/2017. (jef),(ps) (Entered: 01/04/2017)

01/26/2017

29 Motion to Alter and/or Amend pursuant to rule 59(3) District Court's decision dated
January 4, 2017, by Petitioner Jermaine W. Shuttlesworth. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 01/26/2017)

01/26/2017

30 Motion for Certificate of Appealability by Petitioner Jermaine W. Shuttlesworth.
(jef),(ps) (Entered: 01/26/2017)

01/26/2017

31 NOTICE OF APPEAL by Petitioner Jermaine W. Shuttlesworth as to 25 Judgment, 28
Order. In forma pauperis requested. No Docketing Statement filed. (jef),(ps) (Entered:
01/26/2017)

01/26/2017

32 Motion for Leave to Proceed in forma pauperis on Appeal by Petitioner Jermaine W.
Shuttlesworth. (jef),(ps) (Entered: 01/26/2017)

01/26/2017

33 Appeal Information Packet. (jef),(ps) (Entered: 01/26/2017)