Gaston, Brandon v. Tegels, Lizzie

Filing 26

Transmission of Notice of Appeal,Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 24 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (nln),(ps)

Case: 3:15-cv-00731-bbc As of: 06/13/2016 12:33 PM CDT 1 of 3

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15−cv−00731−bbc
Gaston, Brandon v. Tegels, Lizzie
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: 11/17/2015
Date Terminated: 05/17/2016
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Brandon A. Gaston

represented by Brandon A. Gaston
430372
Jackson Correctional Institution
N6500 Haipek Rd.
P.O. Box 233
Black River Falls, WI 54615−0232
(715) 284−4550
Fax: jackson correctional
PRO SE

V.
Respondent
Lizzie Tegels
Warden, Jackson Correctional Institution

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]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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

Date Filed

#

Docket Text

11/17/2015

1 Petition for Writ of Habeas Corpus − State, filed by Brandon A. Gaston. (Case
randomly assigned to District Judge Barbara B. Crabb) (Attachments:
# 1 Envelope) (elc) (Entered: 11/17/2015)

11/17/2015

2 Brief in Support of 1 Petition for Writ of Habeas Corpus by Petitioner Brandon A.
Gaston (Attachments:
# 1 Exhibits) (elc),(ps) (Entered: 11/17/2015)

11/17/2015

3 Motion for Leave to Proceed in forma pauperis by Petitioner Brandon A. Gaston.
(elc),(ps) (Entered: 11/17/2015)

11/17/2015

4 Prisoner Trust Fund Account Statement by Petitioner Brandon A. Gaston (elc),(ps)
(Entered: 11/17/2015)

Case: 3:15-cv-00731-bbc As of: 06/13/2016 12:33 PM CDT 2 of 3
11/17/2015

5 Letter Requesting Copy of petition and exhibits by Petitioner Brandon A. Gaston.
(elc),(ps) (Entered: 11/17/2015)

11/18/2015

6 ORDER denying 3 Motion for Leave to Proceed in forma pauperis. Fee due
12/10/2015. Signed by Magistrate Judge Peter A. Oppeneer on 11/18/2015. (jef),(ps)
(Entered: 11/18/2015)

11/18/2015

7 Letter from clerk's office in response to 5 Letter Requesting Copy of petition and
exhibits by Petitioner Brandon A. Gaston. (elc),(ps) (Entered: 11/18/2015)

12/07/2015

8 Letter from petitioner Brandon A. Gaston enclosing $5.00 check for habeas filing fee.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 12/08/2015)

12/07/2015
01/22/2016

Filing fee received: $5.00, receipt number 34690024682. (nln),(ps) (Entered:
12/08/2015)
9 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
1/22/2016. (jef),(ps) (Entered: 01/22/2016)

01/25/2016

10 Acceptance of Service by DOJ on behalf of Respondent Lizzie Tegels. (Weber,
Gregory),(ps) (Entered: 01/25/2016)

01/26/2016

11 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: 01/26/2016)

02/10/2016

12 Disregard. (Wittwer, Jacob),(ps) Modified on 2/10/2016 (nln). (Entered: 02/10/2016)

02/10/2016

13 Notice of Appearance filed by Jacob Julian Wittwer for Respondent Lizzie Tegels.
(Wittwer, Jacob),(ps) (Entered: 02/10/2016)

02/22/2016

14 Motion for Extension of Time by Respondent Lizzie Tegels. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 02/22/2016)

02/22/2016

15 ** TEXT ONLY ORDER **
ORDER granting respondent's 14 Motion for Extension of Time. Respondent's Brief in
Opposition due 3/7/2016. Petitioner's Brief in Reply due 3/16/2016. Signed by District
Judge Barbara B. Crabb on 2/22/2016. (jef),(ps) (Entered: 02/22/2016)

03/07/2016

16 Motion for Extension of Time by Respondent Lizzie Tegels. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 03/07/2016)

03/07/2016

17 ** TEXT ONLY ORDER **
ORDER granting 16 Motion for Extension of Time. Respondent's answer or response
to the petition for writ of habeas corpus due 3/14/2016. Signed by Magistrate Judge
Stephen L. Crocker on 3/07/2016. (nln),(ps) (Entered: 03/07/2016)

03/14/2016

18 MOTION TO DISMISS by Respondent Lizzie Tegels. (Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 03/14/2016)

03/14/2016

19 Brief in Support of 18 Motion to Dismiss by Respondent Lizzie Tegels, (Attachments:
# 1 Certificate of Service,
# 2 Exhibit 1 − JOC, State v. Gaston, Case No. 2011CF737,
# 3 Exhibit 2 − Court record events, WCCA, State v. Brandon Gaston, 2011CF737,
# 4 Exhibit 3 − Case History, WSCCA Access Website, Appeal No. 2014AP1146−W)
(Wittwer, Jacob),(ps) Modified on 3/15/2016: Exhibit 1 is unredacted. (lak) (Entered:
03/14/2016)

03/14/2016

03/31/2016

Set Briefing Deadlines as to 18 MOTION TO DISMISS . Petitioner's Brief in
Opposition due 4/4/2016. Respondent's Brief in Reply due 4/14/2016. (nln),(ps)
(Entered: 03/14/2016)
20 Brief in Opposition by Petitioner Brandon A. Gaston re: 18 Motion to Dismiss filed by
Lizzie Tegels. (Attachments:
# 1 Ex. G1−G2 − Letters from Attorney Chris Gramstrup dated 12/03/13,
# 2 Ex. F − letter from petitioner to Attorney Chris Gramstrup dated 11/16/13,

Case: 3:15-cv-00731-bbc As of: 06/13/2016 12:33 PM CDT 3 of 3
# 3 Envelope) (nln),(ps) (Entered: 03/31/2016)
04/11/2016

21 Brief in Reply by Respondent Lizzie Tegels in Support of 18 Motion to Dismiss,
(Attachments:
# 1 Certificate of Service) (Wittwer, Jacob),(ps) (Entered: 04/11/2016)

05/17/2016

22 ORDER denying petitioner Brandon A. Gaston's petition for a writ of habeas corpus
because it is untimely under 28 U.S.C. § 2244(d). No certificate of appealability shall
issue. Signed by District Judge Barbara B. Crabb on 5/17/2016. (jef),(ps) (Entered:
05/17/2016)

05/17/2016

23 JUDGMENT denying petitioner Brandon A. Gaston's petition for a writ of habeas
corpus because it is untimely under 28 U.S.C. § 2244(d) and dismissing this case.
(PAO). (jef),(ps) (Entered: 05/17/2016)

06/13/2016

24 NOTICE OF APPEAL by Petitioner Brandon A. Gaston as to 22 Order on Motion to
Dismiss, 23 Judgment. Fee or motion to proceed in forma pauperis due. No Docketing
Statement filed. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 06/13/2016)