Benjamin Walker v. Marc Clements
| BENJAMIN G. WALKER |
| BRADLEY G. GEHRING, Sheriff and MARC CLEMENTS, Sheriff |
| 15-1041 |
| January 9, 2015 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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Filing 32
ORDER: This cause is DISMISSED pursuant to Circuit Rule 3(b). Mandate issued, no record to be returned. [32][6676864] [15-1041] (RT) [Entered: 07/10/2015 01:11 PM]
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| FOR COURT USE ONLY: Certified copy of 07/10/2015 Final Order with Mandate sent to the District Court Clerk. [6676870-2] [6676870] [15-1041] (RT) [Entered: 07/10/2015 01:20 PM] |
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Filing 31
Order: On May 13, 2015, the district court denied the appellant's motion for leave to proceed in forma pauperis without prejudice based on his failure to file a legible in forma pauperis form as ordered by the district court. The appellant shall either pay the required appellate filing fees or file a legible motion for leave to proceed in forma pauperis by June 10, 2015. Failure to pay the fees or file an in forma pauperis motion by the due date will result in the dismissal of the appeal pursuant to Cir. R. 3(b). Sent Certified Mail. Receipt Number: 7012 3460 0000 9060 9261. JKL [31] [6664279] [15-1041] (ER) [Entered: 05/20/2015 02:10 PM]
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| Filing 30 Filed district court order dated 05/13/2015: DENYING without prejudice MOTION for Leave to Appeal in forma pauperis filed by Benjamin Walker. [30] [6662869] [15-1041] (DM) [Entered: 05/14/2015 12:45 PM] |
| Filing 29 Filed district court order dated 03/02/2015: On or before 3/25/2015 Walker must file legible request to proceed IFP. On or before 3/25/2015 Outagamie County Sheriff to file certified copy of Walker's trust account statement from 10/2014 to 2/2015. [29] [6660169] [15-1041] (DM) [Entered: 05/04/2015 11:38 AM] |
| Filing 28 Filed notice from the District Court that a motion to proceed in forma pauperis is pending. [28] [6660165] [15-1041] (DM) [Entered: 05/04/2015 11:35 AM] |
| Filing 27 Filed notice of change of address for Benjamin G. Walker from Dodge Correctional Center to Outagamie County Jail. (Address change confirmed by Wisconsin Department of Corrections website. Orders of 3/09/2015; 3/10/2015; and 3/19/2015 resent to new address.) [27] [6651054] [15-1041] (EF) [Entered: 03/27/2015 11:56 AM] |
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Filing 26
ORDER re: Response to the Rule to Showcause filed 03/18/2015, by Appellant Benjamin G. Walker. The Rule to Showcause which issued on 3/4/2015, is DISCHARGED. DW. [26] [6649057] [15-1041]--[Edited 03/19/2015 by CD to update text.] (DAM) [Entered: 03/19/2015 09:20 AM]
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| Filing 25 Filed Prose Appellant Showcause Response by Appellant Benjamin G. Walker to the show cause order. [25][6648896] [15-1041] (EF) [Entered: 03/18/2015 02:13 PM] |
| Filing 24 Filed Affidavit of Benjamin Walker filed on 03/09/2015 by Appellant. [24] [6646754] [15-1041] (JO) [Entered: 03/10/2015 10:10 AM] |
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Filing 23
ORDER re: Motion to accept for filing instanter appellant's affidavit, filed on 3/9/15. The motion is GRANTED. The clerk of this court shall file instanter the tendered copies of the appellant's affidavit. [ # 22 ] CMD [23] [6646656] [15-1041] (FP) [Entered: 03/10/2015 08:38 AM]
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| Filing 22 Prose motion filed by Party Benjamin G. Walker to file Instanter Appellant's Affidavit. 1 copy Affidavit tendered. [22] [6646546] [15-1041] (JO) [Entered: 03/09/2015 03:48 PM] |
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Filing 21
ORDER: This appeal shall proceed to a determination of appellants fee status on appeal, and to a determination whether a certificate of appealability should issue. Briefing in this appeal shall continue to be SUSPENDED until further court order. DW [6646420] [15-1041] (FP) [Entered: 03/09/2015 12:45 PM]
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Filing 20
ORDER re: Appellant's Emergency Petition For a Writ of Habeas Corpus. In light of the court's order on 03/03/2015, this motion will be taken without further action. MJG [20] [6645982] [15-1041] (MM) [Entered: 03/06/2015 10:26 AM]
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| Filing 19 Pro se motion filed by Appellant Benjamin G. Walker to transfer petitioner from Dodge Correctional Institution to Sheriff of Outagamie County. [19] [6645815] [15-1041] (JO) [Entered: 03/05/2015 03:36 PM] |
| Filing 18 Filed Prose Appellant Showcause Response by Appellant Benjamin G. Walker to Order of 2/05/2015. [18][6645804] [15-1041] (JO) [Entered: 03/05/2015 03:28 PM] |
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Filing 17
ORDER: The court, on its own motion, orders petitioner-appellant Benjamin G. Walker to show cause for his failure to respond to the courts order of February 5, 2015. Petitioner-appellant Walker shall file his response on or before March 18, 2015. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk is directed to attach a copy of the courts order of February 5, 2015 (docket no. 12), to appellants copy of this order. Sent Certified Mail. Receipt Number: 7012 3460 0000 9060 6994. DW [17] [6645421] [15-1041] (CG) [Entered: 03/04/2015 03:34 PM]
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Filing 15
ORDER re: Appellant's Motion to Transfer Prisoner Pursuant to Fed. R. App. P. 23. The motion is DENIED. MJG [ # 14 ] [15] [6645158] [15-1041] (MM) [Entered: 03/04/2015 09:19 AM]
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| Filing 16 Amended Docketing Statement filed by Appellant Benjamin G. Walker. Prior or Related proceedings: No. [16] [6645228] [15-1041] (DM) [Entered: 03/04/2015 11:07 AM] |
| Filing 14 Pro se motion filed by Appellant Benjamin G. Walker to transfer Prisoner pursuant to Fed. R. App 23. [14] [6644735] [15-1041] (JO) [Entered: 03/02/2015 03:35 PM] |
| Filing 13 Appellee Bradley G. Gehring in 15-1041 substituted by Appellee Marc Clements in 15-1041, pursuant to FRAP 43(c). [13] [6640153] [15-1041] (CMD) [Entered: 02/10/2015 09:57 AM] |
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Filing 12
ORDER: Appellant Benjamin G. Walker shall file a notarized statement or a declaration (in compliance with 28 U.S.C. 1746) which (1) sets forth the date the Motion for Reconsideration was deposited in the prison's internal mail system, and (2) states whether first class postage was prepaid. See Federal Rule of Appellate Procedure 4(c). [12] Statement due for Appellant Benjamin G. Walker by 02/20/2015. DW [12] [6639430] [15-1041] (CG) [Entered: 02/05/2015 02:33 PM]
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Filing 11
ORDER re: Motion to accept for filing instanter appellee's response to appellant's jurisdictional memorandum, filed 2/5/2015. The motion is GRANTED to the extent that the appellee's response, filed on February 5, 2015, shall be considered timely filed. [ # 9 ] CMD [11] [6639349] [15-1041] (FP) [Entered: 02/05/2015 11:38 AM]
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| Filing 10 Filed Response by Appellee Bradley G. Gehring to Jurisdicational Memorandum. [10][6639317] [15-1041] (O'Neil, Aaron) [Entered: 02/05/2015 10:15 AM] |
| Filing 9 Instanter motion filed by Appellee Bradley G. Gehring to file Response to Jurisdicational Memorandum. [9] [6639316] [15-1041] (O'Neil, Aaron) [Entered: 02/05/2015 10:14 AM] |
| Filing 8 Attorney WI HABEAS for Bradley G. Gehring in 15-1041 terminated and added Attorney(s) Aaron R. O'Neil for party(s) Appellee Bradley G. Gehring, in case 15-1041 per appearance form. Appearance form filed by Attorney Aaron R. O'Neil for Appellee Bradley G. Gehring. [8] [6639116] (L-Yes; E-Yes; R-Yes) [15-1041]--[Edited 02/04/2015 by AD to reflect the termination and addition of counsel.] (O'Neil, Aaron) [Entered: 02/04/2015 02:05 PM] |
| Filing 7 Amended Docketing Statement filed by Appellant Benjamin G. Walker. Prior or Related proceedings: No. [7] [6638945] [15-1041] (EF) [Entered: 02/04/2015 09:08 AM] |
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Filing 6
ORDER: Filed clerk's notice to Appellee Bradley G. Gehring to file a response to appellant's JURISDICTIONAL MEMORANDUM, addressing the jurisdictional issue raised in the court's order of January 12, 2015. DW. Response due for Appellee Bradley G. Gehring by 01/30/2015. [6] [6636465] [15-1041] (DAM) [Entered: 01/23/2015 12:27 PM]
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| Filing 5 Docketing Statement filed by Appellant Benjamin G. Walker. Prior or Related proceedings: No. [5] [6636227] [15-1041] (EF) [Entered: 01/22/2015 03:26 PM] |
| Filing 4 Jurisdictional memorandum filed by Appellant Benjamin G. Walker. [4] [6636221] [15-1041] (EF) [Entered: 01/22/2015 03:21 PM] |
| Filing 3 Original record on appeal filed electronically. Contents of record : 1 vol. of pleadings. [3] [6633803] [15-1041] (NR) [Entered: 01/12/2015 04:37 PM] |
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Filing 2
ORDER: Appellant Benjamin G. Walker shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing is SUSPENDED pending further court order. (See order for further details). [6633499] Jurisdictional memorandum due for Appellant Benjamin G. Walker by 01/26/2015. DW [2] [6633499] [15-1041] (MM) [Entered: 01/12/2015 09:36 AM]
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| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 10/28/2014. Fee due. Docketing Statement due for Appellant Benjamin G. Walker by 01/16/2015. Fee or IFP forms due on 01/23/2015 for Appellant Benjamin G. Walker. Transcript information sheet due by 01/23/2015. [1] [6633375] [15-1041] (CG) [Entered: 01/09/2015 03:20 PM] |
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