State of Wisconsin v. Winrich, Shawn et al

Filing 7

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 5 Notice of Appeal. (Attachments: # 1 Order, # 2 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16−cv−00064−wmc

State of Wisconsin v. Winrich, Shawn et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1331 Fed. Question

Date Filed: 01/27/2016
Date Terminated: 01/28/2016
Jury Demand: Defendant
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
State of Wisconsin
A Fictitious Foreign Corporation

represented by State of Wisconsin
PRO SE

V.
Defendant
Shawn Winrich
Defendant In Error Non−corporate entity

Defendant
Colin Zeumer:
Defendant
Jennifer Beckett:
Defendant
Tom Rahmer:
Defendant
Matt Krueger:
Defendant
Chad Hendee:
Defendant
Bernard N. Bult
Defendant
Dawn M Wilcox:
Defendant
Daniel Pulsfus
Defendant
Vytas P Salnas
Defendant
Village of Endeavor PD
A Fictitious Foreign Corporation
Defendant

represented by Shawn Winrich
4110 Duke Street
Madison, WI 53704
PRO SE

Wisconsin State Patrol
A Fictitious Foreign Corporation
Date Filed

#

Docket Text

01/27/2016

1 NOTICE OF REMOVAL from Marquette County Circuit Court, case number
2015CM000096. ( Filing fee $ 400 receipt number 34690025077), filed by Shawn
Winrich. (Attachments:
# 1 Notice and Demand: Demand for Dismissal,
# 2 Evidence/Motion List,
# 3 Attachment A,
# 4 Attachment B,
# 5 Exhibit C1 − C8,
# 6 Exhibit D1 − D11,
# 7 Exhibit F1 − F7,
# 8 Exhibit G1 − G5) (elc),(ps) (Entered: 01/27/2016)

01/28/2016

2 ** TEXT ONLY ORDER **
Defendant Shawn Winrich has filed a Notice of Removal, seeking to remove a case in
which he is a criminal defendant from Marquette County Circuit Court. State of
Wisconsin v. Winrich, Case No. 2015CM000096. As the federal removal statute
permits removal only in civil actions, 28 U.S.C. § 1441(a), and this is a criminal
prosecution, this matter must be remanded back to state court pursuant to 28 U.S.C. §
1447. Dismissal is also appropriate under the abstention doctrine set forth in Younger
v. Harris, 401 U.S. 37 (1971), which requires dismissal of a matter when "federal
jurisdiction would intrude into ongoing state criminal proceedings." Mulholland v.
Marion Cty. Election Bd., 746 F.3d 811, 815 (7th Cir. 2014). Accordingly, this matter
is REMANDED back to the Marquette County Circuit Court, and this case is
DISMISSED. Signed by District Judge William M. Conley on 1/28/2016. (nln),(ps)
(Entered: 01/28/2016)

01/28/2016

3 Record sent to Marquette County Circuit Court. (nln),(ps) (Entered: 01/28/2016)

02/04/2016

4 Acknowledgment of Receipt of Record by Marquette County Circuit Court.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 02/04/2016)

02/17/2016

5 NOTICE OF APPEAL by Defendant Shawn Winrich as to 2 Text Only Order. No
Docketing Statement filed. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 02/17/2016)

02/17/2016

6 Appeal Information Packet. (jef),(ps) (Entered: 02/17/2016)