Mey, Mark v. Richardson, Reed

Filing 33

Transmission of Notice of Appeal, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 30 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket Sheet) (nln),(ps)

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, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:15−cv−00740−jdp Mey, Mark 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: 11/19/2015 Date Terminated: 04/19/2017 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question Petitioner Mark J. Mey represented by Chris A. Gramstrup Gramstrup Law Office 1409 Hammond Ave. Suite 322 Superior, WI 54880 (715) 392−5700 Email: cagramstrup@live.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Respondent Reed Richardson represented by Christopher G. Wren Wisconsin Department of Justice Criminal Appeals P.O. Box 7857 Madison, WI 53707−7857 608.266.7081 Fax: 608.266.9594 Email: wrencg@doj.state.wi.us 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: federalordersca@doj.state.wi.us TERMINATED: 04/19/2016 LEAD ATTORNEY Date Filed 11/19/2015 # Docket Text 1 Petition for Writ of Habeas Corpus − State, filed by Mark J. Mey. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: # 1 Exhibit list, # 2 Judgment of conviction, 7/24/06, # 3 Wis. Ct. of Apeal decision, 7/16/09, # 4 Wis. Supr. Ct. denial, 11/12/09, # 5 Motion hearing transcript, 4/14/11, # 6 Order, 4/14/11, # 7 Order, 5/11/11, # 8 Wis. Ct. of Appeals decision, 10/30/12, # 9 Wis. Ct. of Appeals decision, 2/25/13, # 10 Wis. Ct. of Appeals decision, 7/16/15, # 11 Wis. Ct. of Appeals denial, 8/31/15, # 12 Wis. Supr. Ct. denial for review, 11/4/15, # 13 Cover letter regarding petition, # 14 Cover letter regarding filing fee, # 15 Envelope) (jef). (Entered: 11/19/2015) 11/23/2015 Filing fee received: $ 5, receipt number 3469002455. (jef),(ps) (Entered: 11/23/2015) 04/05/2016 2 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 4/5/2016. (jef),(ps) (Entered: 04/05/2016) 04/05/2016 3 Acceptance of Service by DOJ on behalf of Respondent Reed Richardson. (Weber, Gregory),(ps) (Entered: 04/05/2016) 04/05/2016 4 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: 04/05/2016) 04/18/2016 5 Notice of Appearance filed by Chris A. Gramstrup for Petitioner Mark J. Mey. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/18/2016) 04/18/2016 6 Notice of Appearance filed by Christopher G. Wren for Respondent Reed Richardson. (Attachments: # 1 Certificate of Service) (Wren, Christopher),(ps) (Entered: 04/18/2016) 04/18/2016 7 Corrected Certificate of Service by Respondent Reed Richardson as to 6 Notice of Appearance. (Wren, Christopher),(ps) (Entered: 04/18/2016) 04/20/2016 8 Notice of Appearance filed by Chris A Gramstrup for Petitioner Mark J. Mey. (Gramstrup, Chris),(ps) (Entered: 04/20/2016) 05/24/2016 9 Motion for Extension of Time to File Answer re: 1 Petition for Writ of Habeas Corpus − State by Respondent Reed Richardson. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Wren, Christopher),(ps) (Entered: 05/24/2016) 05/25/2016 10 ** TEXT ONLY ORDER ** ORDER granting 9 Motion for Extension of Time. Respondent's answer or response to petition due 7/11/16. Signed by Magistrate Judge Stephen L. Crocker on 5/25/2016. (nln),(ps) (Entered: 05/25/2016) 07/11/2016 11 ANSWER by Respondent Reed Richardson, (Attachments: # 1 Exhibit − Table of Contents for Exhibits to Answer to Habeas Corpus Petition, # 2 Exhibit − Part 1 of 8 − pp 1−323 − Online Dockets | Unredacted Judgment of Conviction | Circuit Court & Appellate Court Documents, # 3 Exhibit − Part 2 of 8 − pp 324−859 − Appellate Court Documents (Continued), # 4 Exhibit − Part 3 of 8 − pp 860−1176 − Pre−Trial Transcripts, # 5 Exhibit − Part 4 of 8 − pp 1177−1936 − Trial Transcripts, # 6 Exhibit − Part 5 of 8 − pp 1937−2728 − Trial Transcripts (Continued), # 7 Exhibit − Part 6 of 8 − pp 2729−3452 − Trial Transcripts (Continued), # 8 Exhibit − Part 7 of 8 − pp 3453−4258 − Trial Transcripts (Continued), # 9 Exhibit − Part 8 of 8 − pp 4259−4326 − Post−Trial Transcripts, # 10 Certificate of Service) (Wren, Christopher),(ps) Modified on 7/12/2016. (lak) (Entered: 07/11/2016) 07/12/2016 Set Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's Brief in Support due 8/11/2016. Respondent's brief in opposition due within 30 days of receipt of petitioner's brief. 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: 07/12/2016) 08/24/2016 12 ** TEXT ONLY ORDER ** Counsel for petitioner has not submitted a brief in support of the habeas petition by the August 11 deadline set by the court. I will give him until August 31, 2016, to do so, or petitioner has forfeited his opening brief and respondent's 30−day time period to file a brief in response will start running. The docket indicates that counsel may have had problems registering for the court's electronic filing system, so I will direct the clerk of court to mail a hard copy of this ruling to counsel. Signed by Magistrate Judge Stephen L. Crocker on 8/24/2016. (elc),(ps) (Entered: 08/24/2016) 08/26/2016 13 Motion for Extension of Time by Petitioner Mark J. Mey. Motions referred to Magistrate Judge Stephen L. Crocker. (Gramstrup, Chris),(ps) Modified docket entry on 8/26/2016 to separate out 13 motion and 14 affidavit. (nln) (Entered: 08/26/2016) 08/26/2016 14 Affidavit of Christopher A. Gramstrup re 13 Motion for Extension of Time. (nln),(ps) (Entered: 08/26/2016) 08/26/2016 15 ** TEXT ONLY ORDER ** ORDER granting 13 Motion for Extension of Time. Petitioner's Brief in Support due 9/23/2016. Respondent's brief in opposition due within 30 days of receipt of petitioner's brief. Once respondent files a 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 8/26/2016. (nln),(ps) (Mailed copy of text only order to Attorney Gramstrup as well.) Modified docket text on 8/26/2016 (nln). (Entered: 08/26/2016) 09/22/2016 16 Second Motion for Extension of Time for Filing Brief by Petitioner Mark J. Mey. Motions referred to Magistrate Judge Stephen L. Crocker. (Gramstrup, Chris),(ps) (Entered: 09/22/2016) 09/23/2016 17 Affidavit of Chris A. Gramstrup filed by Petitioner Mark J. Mey re: 16 MOTION for Extension of Time. (lak),(ps) (Entered: 09/23/2016) 09/23/2016 18 ** TEXT ONLY ORDER ** Petitioner's attorney has requested a four−week extension of his already−extended deadline to submit a supporting brief, claiming that he needs to review matters with petitioner before finalizing the brief. The court will allow two weeks for this review. Petitioner's new deadline is October 7, 2016, with the response and reply deadlines extended commensurately. Signed by Magistrate Judge Stephen L. Crocker on 9/23/2016. (nln),(ps) (Entered: 09/23/2016) 10/05/2016 19 Third Motion for Extension of Time by Petitioner Mark J. Mey. Motions referred to Magistrate Judge Stephen L. Crocker. (Gramstrup, Chris),(ps) (Entered: 10/05/2016) 10/05/2016 20 Third Affidavit of Chris Gramstrup filed by Petitioner Mark J. Mey in Support re: 19 MOTION for Extension of Time. (Gramstrup, Chris),(ps) Modified on 10/6/2016. (lak) (Entered: 10/05/2016) 10/05/2016 21 ** TEXT ONLY ORDER ** On April 18, 2016, an attorney retained by petitioner filed his notice of appearance on behalf of petitioner in this case, Respondent filed his answer to the petition on July 11, 2016. Petitioner's brief in support of his petition was due by August 11, 2016. Nothing came in, so on August 24, 2016, the court sua sponte extended this deadline to August 31, 2016. On August 26, 2016, petitioner's attorney filed a motion to extend this extension to September 23, 2016. The court granted this extension. On September 22, 2016, petitioner's attorney filed a motion asking to extend his deadline to October 21, 2016. The next day, September 23, 2016, the court allowed petitioner's attorney two more weeks, to October 7, 2016. On October 5, 2016, petitioner's attorney asked for two more weeks, out to the October 21, 2016 deadline he had requested last month. This request is DENIED. Counsel has represented petitioner for five and a half months in this case but has filed nothing except requests for more time supported by vague assertions of recent discoveries and difficulties communicating with petitioner. Petitioner may have until Tuesday, October 11, 2016 to file what he's got. This deadline will not be extended again. Signed by Magistrate Judge Stephen L. Crocker on 10/5/2016. (nln),(ps) (Entered: 10/05/2016) 10/11/2016 22 Brief in Support of 1 Petition for Writ of Habeas Corpus, by Petitioner Mark J. Mey. (Gramstrup, Chris),(ps) Modified on 10/12/2016: Appendix contains unredacted documents. (lak) (Entered: 10/11/2016) 10/11/2016 Set Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Respondent's Brief in Opposition due 11/10/2016. 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: 10/11/2016) 11/10/2016 23 Motion for Extension of Time to File Respondent's Brief Opposing Habeas Corpus Petition, by Respondent Reed Richardson. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Wren, Christopher),(ps) (Entered: 11/10/2016) 11/10/2016 24 ** TEXT ONLY ORDER ** ORDER granting 23 Motion for Extension of Time. Respondent's Brief in Opposition due 12/12/2016. Once respondent files a 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 11/10/2016. (nln),(ps) (Entered: 11/10/2016) 12/12/2016 25 Brief in Opposition by Respondent Reed Richardson re: 1 Petition for Writ of Habeas Corpus, filed by Mark J. Mey, (Attachments: # 1 Certificate of Service) (Wren, Christopher),(ps) (Entered: 12/12/2016) 12/13/2016 Reset Briefing Deadlines as to 1 Petition for Writ of Habeas Corpus − State. Petitioner's Brief in Reply due 1/3/2017. (nln),(ps) (Entered: 12/13/2016) 01/03/2017 26 Disregard. To be refiled. Brief in Reply by Petitioner Mark J. Mey in Support of 1 Petition for Writ of Habeas Corpus. (Gramstrup, Chris),(ps) Modified on 1/4/2017: Captioned for state court. Document is unsigned and undated. (lak) (Entered: 01/03/2017) 01/04/2017 27 Corrected Brief in Reply by Petitioner Mark J. Mey in Support of 1 Petition for Writ of Habeas Corpus. (Gramstrup, Chris),(ps) Modified on 1/4/2017: There is an attachment on this document that was not on 26 .(lak) (Entered: 01/04/2017) 04/19/2017 28 ORDER denying 1 Petition for Writ of Habeas Corpus and dismissing this case. A certificate of appealability is DENIED. The clerk of court is directed to close this case. Signed by District Judge James D. Peterson on 4/19/2017. (jef),(ps) (Entered: 04/19/2017) 04/19/2017 29 JUDGMENT entered denying petitioner Mark J. Mey'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 4/19/2017. (jef),(ps) (Entered: 04/19/2017) 05/12/2017 30 NOTICE OF APPEAL by Petitioner Mark J. Mey as to 29 Judgment. Filing fee of $ 505, receipt number 0758−2024189 paid. No Docketing Statement filed. (Gramstrup, Chris),(ps) (Entered: 05/12/2017) 05/12/2017 31 Docketing Statement re 30 Notice of Appeal. (Gramstrup, Chris),(ps) (Entered: 05/12/2017) 05/12/2017 32 Appeal Information Packet. (nln),(ps) (Entered: 05/12/2017)

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