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STATE EX REL. SHIMKUS v. SONDALLE

No. 00-0324.

239 Wis.2d 327 (2000)

2000 WI App 238

620 N.W.2d 409

STATE of Wisconsin EX REL. Mark SHIMKUS, Petitioner-Appellant, v. Kenneth SONDALLE, Warden, Fox Lake Correctional Institution, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided September 14, 2000.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Mark Shimkus, pro se of Fox Lake.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Jaime Preciado, assistant attorney general.

Before Eich, Vergeront and Roggensack, JJ.

¶ 1. EICH, J.

Mark Shimkus, an inmate of the Fox Lake Correctional Institution, appearing pro se, appeals from an order dismissing his certiorari petition challenging the decision of a prison disciplinary committee. The circuit court dismissed the petition as untimely filed. Because it is undisputed that Shimkus deposited his petition, along with an authorization to withdraw the filing fee from his prison account, in the appropriate mail receptacle at Fox Lake...

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