Lamb v. State of Wisconsin Department of Corrections

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
GREGORY LAMB,
Petitioner, OPINION AND ORDER
v. 25-cv-910-wmc
STATE OF WISCONSIN DEPARTMENT
OF CORRECTIONS,
Respondent.
_________________________________________________________________________________
Petitioner Gregory Lamb, a state prisoner who represents himself, is incarcerated by the
Wisconsin Department of Corrections at the Columbia Correctional Institution. Lamb has
filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging convictions
entered against him in Dane County Case Nos. 24CF2901 and 24CF3034. (Dkt. #1.) He
also appears to challenge the calculation of his sentence. He has filed motions for discovery,
injunctive relief, and release from custody. (Dkts. ##18-20, 24, 28-29, 31.) Under Rule 4 of
the Rules Governing § 2254 Cases (“Habeas Rules”), a district court must dismiss the petition
if it plainly appears from the pleadings and exhibits that the petitioner is not entitled to relief.
After reviewing all of the submissions, the court concludes that the petition must be dismissed
because Lamb did not exhaust available state court remedies before filing this action.
Publicly available state court records reflect that Lamb was convicted in Dane County
Case No. 24CF3034 pursuant to his guilty plea on June 13, 2025, of battery or threat to a
judge, prosecutor, or law enforcement officer.1 Lamb was charged with felony bail jumping in
Dane County Case No. 24CF2901, but those charges were dismissed and read in when Lamb
1 See Wisconsin Circuit Court Access, at: https://wicourts.gov (last accessed Dec. 1, 2025).
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entered another guilty plea on June 13, 2025, to battery or threat to a judge, prosecutor, or
law enforcement officer in Dane County Case No. 23CF3118. Public records and exhibits
provided by Lamb reflect that he has numerous other prior convictions.
Lamb now seeks relief on the grounds that: (1) the state court clerk of court failed to
afford him pretrial release on a cash bond; and (2) his appointed defense counsel rendered
ineffective assistance of counsel. (Dkt. #1, at 6-7.) The available procedures for review of
Wisconsin criminal convictions are set forth in Wis. Stat. §§ 974.02 and 974.06. Lamb
acknowledges that he did not file an appeal or seek post-conviction review of his conviction or
the sentence that he received in either case. (Id. at 3-6.) A federal court may not grant habeas
relief from a state court judgment of conviction unless the petitioner “has exhausted the
remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A); O’Sullivan v. Boerckel,
526 U.S. 838, 848 (1999). Because Lamb has not attempted to exhaust available state court
remedies with respect to any of his claims, his petition must be dismissed for lack of exhaustion.
ORDER
IT IS ORDERED THAT:
1) The federal habeas corpus petition filed by Gregory Lamb (Dkt. #1) is DISMISSED
without prejudice for lack of exhaustion.
2) All of petitioner’s pending motions (dkts. ## 18-20, 24, 28-29, 31) are DENIED.
3) A certificate of appealabiliy is DENIED.
Entered this 1st day of December, 2025.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge
Case: 3:25-cv-00910-wmc Document #: 33 Filed: 12/01/25 Page 2 of 2