Spivery v. Smith

Spivery v. Smith

Petitioner:	Henry T Spivery
Respondent:	Judy Smith
Case Number:	2:2017cv01256
Filed:	September 15, 2017
Court:	US District Court for the Eastern District of Wisconsin
Office:	Milwaukee Office
County:	Milwaukee
Presiding Judge:	Pamela Pepper
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 26, 2022	Filing 28 ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 9/26/2022. Clerk of Court to update docket to reflect that Cheryl Eplett is correct respondent. 18 Petitioner's motion for appointment of counsel DENIED. 24 Respondent's motion for extension of time GRANTED nunc pro tunc to 12/4/2020. Case DISMISSED. The court DECLINES to issue certificate of appealability. (cc: all counsel and mailed to Henry Spivery at Oshkosh Correctional Institution)(cb)
July 20, 2020	Filing 15 ORDER signed by Chief Judge Pamela Pepper on 7/20/2020. 4 Petitioner's motion for leave to proceed without prepaying filing fee GRANTED. Petitioner may proceed on grounds 2 and 3 of amended petition. Respondent to answer or otherwise respond t o petition within 60 days. See order for briefing schedule and allowable page lengths. Wisconsin DOJ to inform the court within 21 days whether it will accept service for respondent; if not, explain why not and provide the court with respondent's last known address. (cc: all counsel, via mail to Henry Spivery at Oshkosh Correctional Institution)(cb)

Date Filed

Document Text

September 26, 2022

Filing 28 ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 9/26/2022. Clerk of Court to update docket to reflect that Cheryl Eplett is correct respondent. 18 Petitioner's motion for appointment of counsel DENIED. 24 Respondent's motion for extension of time GRANTED nunc pro tunc to 12/4/2020. Case DISMISSED. The court DECLINES to issue certificate of appealability. (cc: all counsel and mailed to Henry Spivery at Oshkosh Correctional Institution)(cb)

July 20, 2020

Filing 15 ORDER signed by Chief Judge Pamela Pepper on 7/20/2020. 4 Petitioner's motion for leave to proceed without prepaying filing fee GRANTED. Petitioner may proceed on grounds 2 and 3 of amended petition. Respondent to answer or otherwise respond t o petition within 60 days. See order for briefing schedule and allowable page lengths. Wisconsin DOJ to inform the court within 21 days whether it will accept service for respondent; if not, explain why not and provide the court with respondent's last known address. (cc: all counsel, via mail to Henry Spivery at Oshkosh Correctional Institution)(cb)

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Petitioner: Henry T Spivery
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Respondent: Judy Smith
Represented By:	Wisconsin Dept of Justice - Habeas
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