Sharkey, Dennis v. Emmerich
| Dennis Sharkey, II |
| Warden Emmerick and Warden Emmerich |
| 3:2024cv00298 |
| May 6, 2024 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Anita M Boor |
| James D Peterson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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Filing 11
** TEXT ONLY ORDER ** Respondent's motion for extension of time, Dkt. #10 , is GRANTED. Respondent has until July 19, 2024 to respond to the petition. The court's order of July 2, 2024 shall otherwise remain in full force. Signed by Magistrate Judge Anita M. Boor on 7/3/2024. (voc)
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Filing 10
Motion for Extension of Time by Respondent Warden Emmerich. Response due 7/10/2024. (Attachments: #1 Certificate of Service Certificate of Service) (Anzivino, Theresa)
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Filing 9
U.S. Postal Service Certified Mail Receipt of #1 Petition for Writ of Habeas Corpus - Federal, 8 Order to Show Cause sent to US Attorney General, US Attorney, Warden Oxford-FCI. (nln)
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Filing 8
** TEXT ONLY ORDER **Petitioner Dennis Sharkey II sought relief under 28 U.S.C. 2241, contending that he was entitled to earned-time credit under the First Step Act that, if received, would result in immediate placement in prerelease placement. Dkt. #1 . I dismissed the petition for failure to exhaust administrative remedies. Dkt. #3 . In relevant part, I concluded that completing the administrative process wouldn't prejudice Sharkey because his projected release date was 11 months away. Id. at 2-3. Sharkey has filed a motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b) clarifying that he is scheduled to enter prerelease placement on August 5, 2024. Dkt. #7 ; #7 -1 at 4. I will consider Sharkey's motion under Federal Rule of Civil Procedure 59(e) and GRANT it, and I will VACATE my order dismissing the petition. I will direct the clerk of court to serve the petition on respondent at FCI-Oxford, the local United States Attorney, and the United States Attorney General by certified mail, in accordance with Federal Rule of Civil Procedure 4(i), and I will set an expedited briefing schedule. Respondent may have until July 12, 2024, to answer and fully respond to the petition. Respondent's answer must be accompanied by any necessary supporting documents. Given the timing, the court will decide the matter without a reply from petitioner. Signed by District Judge James D. Peterson on 7/02/2024. (nln)
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Filing 7
Rule 60(b) Motion for Reconsideration by Petitioner Dennis Sharkey, II. (Attachments: #1 Attachment A - Documents, #2 Article Regarding Conditions of Confinement, #3 Certificate of Service, #4 Envelope) (voc)
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Filing 6
** TEXT ONLY ORDER **Petitioner's request to expedite, Dkt. #5 , is DENIED as moot. The court ruled on his petition on June 5, 2024. See Dkt. #4 . Signed by Magistrate Judge Anita M. Boor on 6/7/2024. (rks)
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Filing 5
Letter Request to Expedite by Petitioner Dennis Sharkey, II. (Attachments: #1 Envelope) (jat)
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Filing 4
JUDGMENT entered in favor of Respondent Warden Emmerich dismissing the case without prejudice for failure to exhaust administrative remedies. (voc),(ps)
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Filing 3
OPINION and ORDER IT IS ORDERED that:1. Petitioner Dennis Sharkey, II's petition, Dkt. #1 , is DISMISSED without prejudice for failure to exhaust administrative remedies.2. The clerk is directed to enter judgment accordingly and mail petitioner copies of this order and the judgment. Signed by District Judge James D. Peterson on 6/5/2024. (voc),(ps)
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Filing fee received : $ 5.00, receipt number 2882.(voc),(ps)
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Filing 2
ORDER that petitioner submit $5 fee or a motion for leave to proceed without prepaying the filing fee and Trust Fund Account Statement by 6/3/2024. Signed by Magistrate Judge Andrew R. Wiseman on 5/6/2024. (jef),(ps)
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Filing 1
Petition for Writ of Habeas Corpus - Federal and Motion to Expedite Proceedings filed by Dennis Sharkey, II. (Attachments: #1 Administrative Remedy Complaints and Request, #2 FSA Time Credit Assessment, #3 Certificate of Service, #4 Envelope) (jef),(ps)
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