Coughlin, Donald v. Boughton, Gary
| Donald P. Coughlin |
| Gary Boughton |
| WSPF Prison Facility |
| 3:2023cv00659 |
| September 25, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 14
** TEXT ONLY ORDER ** Petitioner has filed a motion for reconsideration of the court's order to deny as moot his request to backdate his motion to stay petition and hold in abeyance. Dkt. #13 . This motion is DENIED. In his original motion, petitioner asked the court to backdate the motion to stay to September 8, 2023. The court determined that backdating the motion was unnecessary because petitioner signed it on September 8, 2023, and, often, a pro se document's date of filing is its date of signing. Now petitioner asks the court to use September 14, 2023, as the date of filing, contending that he submitted the motion to prison authorities for mailing on September 14, 2023. This may be true, but the evidence petitioner has submitted doesn't compel this conclusion. In any event, using September 8, 2023, as the date of filing makes it more likely that petitioner's motion is timely, not less likely as he seems to think. Petitioner asks for clarification of the court's decision to strike the second copy of his motion for the court to take possession of his legal file. The court struck the second copy of this motion because it is a duplicate. The original motion, Dkt. #4 , is still pending and, along with his motion to stay, has been taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 11/16/2023. (rks),(ps)
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| Filing 13 Motion for Reconsideration and Clarification of 12 Text Only Order by Petitioner Donald P. Coughlin. (Attachments: #1 Disbursement Request) (jls),(ps) |
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Filing 12
** TEXT ONLY ORDER ** Petitioner moves the court to backdate his motion to stay petition and hold in abeyance to September 8, 2023, the date on which he signed it. Dkt. #10 . This motion is DENIED as moot: backdating the motion is unnecessary because a pro se document's date of filing is generally treated as the date on which the prisoner signed it, absent records showing that the prisoner submitted it to prison authorities for mailing on another date, which the court doesn't have in the available record. Petitioner's second copy of his motion for the court to take possession of legal file, Dkt. #11 , is STRICKEN because petitioner already filed this document. Signed by Magistrate Judge Stephen L. Crocker on 10/31/2023. (jls),(ps)
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| Filing 11 Second copy of #4 Motion for Court to take Possession of Legal File and to Allow for Extension of Time/Injunctive Relief by Petitioner Donald P. Coughlin. (Attachments: #1 Attachments 1-3 and 6-17 - Disbursement Request, Letters) (jls),(ps) |
| Filing 10 Request to backdate receipt of this copy of petitioners Motion to Stay Petition and Hold in Abeyance by Petitioner Donald P. Coughlin. (Attachments: #1 Copy of #3 Motion to Stay and Hold in Abeyance by Petitioner Donald P. Coughlin with Attachments #3 -1 through #3 -6.) (jls),(ps) |
| Filing fee received: $ 5.00, receipt number 1680. (jef),(ps) |
| Filing 9 Letter to Donald P. Couglin from the Clerk's Office dated 9/18/2023. (jef),(ps) |
| Filing 8 Letter to Donald P. Couglin from the Clerk's Office dated 9/11/2023. (jef),(ps) |
| Filing 7 Letter to Donald P. Couglin from the Clerk's Office dated 8/24/2023. (jef),(ps) |
| Filing 6 Copy of re #4 Motion for Court to take Possession of Legal File and to Allow for Extension of Time/Injunctive Relief by Petitioner Donald P. Coughlin. (Attachments: #1 Attachments 1-3 and 6-17 - Disbursement Request, Letters) (jef),(ps) Note, motion received on 9/18/23. (jef) |
| Filing 5 Copy of #3 Motion to Stay by Petitioner Donald P. Coughlin. (Attachments: #1 Attachments 1-3 and 6-17 - Disbursement Request, Letters) (jef),(ps) Note, motion received on 9/18/23 with no habeas petition. (jef) |
| Filing 4 Motion for Court to take Possession of Legal File and to Allow for Extension of Time/Injunctive Relief by Petitioner Donald P. Coughlin. (Attachments: #1 Attachments 1-3 and 6-17 - Disbursement Request, Letters) (jef),(ps) Note, motion received on 9/11/2023. (jef) |
| Filing 3 Motion to Stay Petition and Hold in Abeyance by Petitioner Donald P. Coughlin. (Attachments: #1 Notice of non-delivery of mail, #2 Interview / Information Request, #3 Letter to clerk's office, 8/21/2023, #4 Brief and Appendix, 2010CF222, 2019AP1876-CR, #5 Reply Brief and Appendix, 2010CF222, 2019AP1876-CR) (jef),(ps) Note, this motion was received on 9/11/2023 with no accompanying petition for writ of habeas corpus. (jef) (Additional attachment(s) added on 9/25/2023: #6 Attachments 6-16 - Disbursement Request, Letters) (jef). |
| Filing 2 Prisoner Trust Fund Account Statement, August 2023, by Petitioner Donald P. Coughlin. (jef),(ps) |
| Filing 1 Motion for Leave to Proceed in forma pauperis by Petitioner Donald P. Coughlin. (Attachments: #1 Envelope) (jef),(ps) Received $5.00 payment with this submission; but no petition for writ of habeas corpus. (jef). |
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