Homelsey, Charles v. Dittman, Michael

Filing 39

Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 36 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

IN THE SEVENTH CIRCUIT DOC HO
COURT OF APPEALs EC'D/FILED
60604
CHICAGO; ILLINOIS.
MAR24 AM 9:44
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PETER OPPENELY,
CHARLES J. HOMELSEY, A/K/A
CLERK US 01ST COURT
CHARLES J. HOMESLEY, AND
WO OF WI
A/K/A CHARLES J. MAYBERRY,
Petitioner-Appellant,

VS•

•

Appeal Case No.
•
USDC Case No. 16-cv-47-bbc.

MICHAEL A. DITTMANN, Warden,.
Columbia Correctional Institution,
Respondent-Appellee.
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RULE 3(c) DOCKETING STATEMENT
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NOW COMES Petitioner Charles J. Mayberry (DOC No.

aggc43c-A), pro se, "In Forma Pauperis". Hereby does state that
the above-entitled §2254 Petition For Writ Of Habeas Corpus matter has reached its conclusion in litigation before the United
States District Court for the Western District of Wisconsin. With
the Honorable District Court Judge, Barbara B. Crabb, presiding
judge on February 24, 2017 entering an "Opinion And Order" Dismissing the §2254 Petition on the Grounds of "Untimeliness" and
therefrom, filing a "Judgment In A Civil Case" on February 24,
2017 regarding this "Procedural Default" Dismissal of the §2254
Cause of Action. Thereby, concluding all District Court Review on
the Merits, regarding the Petition included Grounds of:
A.] "Actual Innocence"-- (Newly Discovered Evidence Of
The Alleged Sexual Assualt Victim 'Excited Utterance Statement'
That She Manufactured Her Allegations Of Sexual Assualt In Order
1.

"To Send That Nigger,To Prison"l t
B.] "Mental Incompetence"--([Defendant since his early Teens
has suffered from Severe Brain Damage, that has rendered Defendant
Mentally Disabled, and currently functions at a First Grade Level
In Reading and math, and functions with a 2nd Grade Level Comprehension ability. That Defendant at the time of the alleged Crimes
commission, was under Court Appointed "Guardianship" because of his
Mental Disabilities caused inability to take care of such daily
living actualities such as paying Rent, Light and Gas Bills, Etc.,
required to function in free society as an adult].
C.) "Denial Of A Fundamental Fair Chance To Present His Federal Constitutional \Issue of "Mental Incompetency" to the Wisconsin
State Court, 'Collateral Post-Conviction' Review venue because of
the failure of the Wisconsin State Department Of Corrections and/or
the Dane County Circuot Court System to have in place any System
to assist Mentally Disable Litigants' with the litigation of their
Federal Constitutional Claim(s) to the Judicial System."
D.] Harassment Of Access To Jailhouse Lawyer Assistance for
the Pro Se Litigation Undertaking of the §974.06 Wis. Stets.,

Col-

lateral Post-Conviction Motion Review of the "Mental Incompetency"
Claim/Issue(s), Including the Immediate Refiling of the §2254 Petittion Back Before The Federal District Court, from the District Court
Judge, January 2013 "Dismissal" of the Initial §2254 Petition, without inquiring into the Statute Of Limintations situation involved
with its "Dismissal" for the "Exhaustion" of the Mental Incompetency
Claim Issue(s) before the State Judicial System on Cbilateral Review
thereof.
Hereby, the Court Of Appeals for the Seventh Circuit now has
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Jurisdiction over this "Dismissed" §2254 Litigation, upon the Entry
of the February 24, 2017 Opinion and Order of the Honorable Barbara
B. Crabb, presiding District Court Judge, and the "Judgment In A
Civil Case" Filed thereof on February 24, 2017.
Petitioner-Appellant Charles J. Mayberry, remains incarcerated
at the Columbia Correctional Institution, located at 2925 Columbia
Drive, Portage; Wisconsin. 53901-0900. In the Legal Custody of the
Wisconsin State Department Of Corrections, Secretary Jon Litscher.
All that remains for the United States District Court for the
Western District of Wisconsin to address in this "Procedural Defaulted"
§2254 Review, other than Issuance of the "Certificate Of Appealability"
Which Appellant, at this time is being prevented from drafting up do
to the Illegal Seizure of all of Appellants' Case File Documents from
CCI Jailhouse Lawyer, Oscar B. McMillian #042747-A, by CCI Staff Members, Housing Unit #8 Manager, Mr. Michael Fink; CCI Inmate Complaint
Investigator, Ms. Linda Alsum-O'Donovan, and Lt. Parenteau. These individual(s) have been in possession of Every Single Sheet of Paper/
Legal Files that were in Jailhouse Lawyer McMillian's Cell as of
February 21, 2017. At this time, the named individual(s) are engaged
in Photocopying and Photographing all Legal Material(s) of Jailhouse
Lawyer Oscar B. McMillian #042747-A, and those whom he is providing
legal assistance to. This "Seizure was executed" under the "Rote"
and Manufacture assertion of Housing Unit Manager Michael Fink that
Jailhouse Lawyer McMillian was over the DOC/CCI allowed 8000 Cu. In.,
In-Cell Storage Allowed Limit (However, as of todays date, Jailhouse
Lawyer McMillian, has not been provided the opportunity to demonstrate
that his "Legal Materials" will fit within' the 20x20x20" Legal Materials Measuring Box of the DOC In-Cell Required "Prisoner" Placement
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undertaking for showing of Amount of In-Cell Possessed Legal Material(s) of an Individual DOC Prisoner).
At this time, prisoner McMillian is unaware of just when he
will be granted access to the seized legal case files of his Legal
Assistance Engagement(s), including Appellants' §2254 Petition For
Writ of Habeas Corpus litigation materials file(s). And since CCI
Prison Administrative Official(s), believe that the Court System is
to weak kneed to punish State Prison Official(s) for their Intentional
Disregard of Prisoners' Legal Rights, Prisoner McMillian has been informed that he can complain to the Courts all he wants, they will
still hold on to the seized legal materials/case files until they are
damn well ready to return them, if they return them at all, according
to Unit Manager Mr. Michael Fink, and Inmate Complaint Investigator,
Mrs. Linda Alsum-O'Donovan statements hereon.
Based upon the intentional illegal seizure of the Case File of
this §2254 Habeas Corpus litigation, and the flat refusal of CCI Prison Official(s) to return said §2254 Case File even to the Appellant
himself, let alone to Jailhouse Lawyer McMillian, Appellant is being
prevented from having access to the material(s) necessary to draft up
the required "Certificate Of Appealability" Issuance request to the
District Court Judge, regarding the Judges' February 24, 2017 "Procedural Default" Dismissal of the §2254 Petition, based upon the "Incompetent" Assistance receipt therewith of the Courts "Forced Counsel"
Representation, because of the Courts' desire to avoid addressing the
running harassment of Jailhouse Lawyer McMillian's assistance exercises
during the Respondents' "Motion To Dismiss" Litigation before the U.S.
Federal District Court for the Western District of Wisconsin.
Prisoner further needs to seek "Leave to Proceed In Forma Pau4.

pens before the Court Of Appeals, regarding this Appellate Review
of the District Courts' February 24, 2017 "Opinion And Order" of
Dismissal As Untimely/Statute Of Limitation Violative conclusion.
But fisst must acquire a Free Copy of the Motion For Leave To Proceed In Forma Pauperis - "Affidavit Of Indigency" Form from the Circuit Court, for the copies Jailhouse Lawyer McMillian had on had were
also seized during the February 21, 2017 move against him by CCI
Staff. While noting that Prisoner McMillian should not have exposed
another CCI Guard/Co-Work for Throwing Inmates Out-Going Mail in the
Garbage Can, which resulted in CO Bart's being Fired on December 13,
2016.
Thus, pursuant to Circuit Rule 3(c) of the Seventh Circuit
Court of Appeals, Appellant states that this Court of Appeals has
"Jurisdiction" of this District Court "Dismissed" §2254 Petition For
Writ Of Habeas Courts action, regarding the "Procedural Default" on
the Grounds of "Untimeliness" of the Filing of the §2254 Petition
"Refiling" by this Mental Disability Suffering Pro Se Prisoner.
Dated this

a.49

day of March, 2017. Portage; Wisconsin.

CJM-OBM/File.
Respectfully Submitted By:

&arks yynt iy4+aci3(13,_

Charles J. Ma berry, Pro Se.
Columbia Correctional Institution
Post Office Box 900 / CCI-Unit-#4.
Portage; Wisconsin. 53901-0900
Materials Prepared By:
Oscar B. McMillian #042747-A.
DOC: 309.155 Legal Assistance
Columbia Correctional Institution
Post Office Box 900 / CCI-Unit-#8.
Portage; Wisconsin. 53901-0900

5.