Leventhal v. Kenitz

CourtDistrict Court, E.D. Wisconsin
DecidedMay 16, 2025
Docket2:25-cv-00525
StatusUnknown

This text of Leventhal v. Kenitz (Leventhal v. Kenitz) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leventhal v. Kenitz, (E.D. Wis. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

HOWARD E. LEVENTHAL,

Petitioner, Case No. 25-cv-525-pp v.

MICHAEL KENITZ, CHRISTY KNOWLES and JARED HOY,

Respondents.

ORDER REQURING PETITIONER TO FILE AMENDED HABEAS PETITION

On April 10, 2025, the petitioner—who currently is incarcerated in the Ozaukee County Jail and is representing himself—filed a four-page petition for a writ of habeas corpus under 28 U.S.C. §2254 and a sixteen-page brief in support of the petition. The petitioner paid the $5 filing fee. Prior to filing the petition in this case, the petitioner had filed a petition under 28 U.S.C. §2241, challenging his pretrial detention on charges of stalking and violating no- contact orders in four Ozaukee County Court cases. Leventhal v. Johnson, Case No. 21-cv-507, Dkt. No. 1. In that prior federal case, Judge Griesbach adopted the magistrate judge’s report and recommendation (Id. at Dkt. No. 10) and dismissed the petition, finding that the petitioner’s challenges to his extradition from Illinois did not present an exception to the Younger abstention doctrine, the time for challenging the extradition had lapsed and the challenge did not concern a federal question. Id., Dkt. No. 15. I. Background In the instant petition, the petitioner refers to two cases: “Case 1” involves a stalking conviction in Ozaukee County Case No. 21CF16 and his revocation judgment; “Case 2” involves ongoing criminal proceedings in

Ozaukee County Case No. 24CF261. Dkt. No. 1 at 2. In Case 1, the petitioner challenges the validity of his conviction and his revocation. Id. It appears that in that case, the petitioner entered a no contest plea and the circuit court sentenced him to three years of probation. State v. Leventhal, Case No. 2021AP1184-CR, 2023 WL 2669688, *1 (Wis. Ct. App. Mar. 29, 2023). On December 20, 2023, the circuit court entered an amended judgment of conviction following revocation of the petitioner’s probation. See electronic docket available at wcca.wicourts.gov. It appears that on January 15, 2025, the

Wisconsin Court of Appeals affirmed the revocation of the petitioner’s probation, State v. Leventhal, Case No. 2024AP95-CR, 2025 WL 97836, *1 (Wis. Ct. App. Jan. 15, 2025), and the Wisconsin Supreme Court denied review on February 12, 2025. State v. Leventhal, Case No. 2024AP1665-CR, 2025 WL 803385, *1 (Wis. Feb. 12, 2025). Regarding Case 2, the petitioner says that he is a pretrial detainee and that he wants the court to order the judge to enjoin any further prosecution.

Dkt. No. 1 at 1, 4. Case 2 is scheduled for a jury trial on June 2, 2025. State v. Leventhal, Case No. 2024CF261 (Milwaukee County Circuit Court), available at wcca.wicourts.gov. The petitioner asserts “absolute judicial immunity,” “rendering appeal meaningless,” double jeopardy, unlawful pretrial detention, speedy trial denial and vindictive prosecution. Dkt. No. 1 at 3. He admits that he has “filed habeas petitions in both Case 1 and 2 contemporaneously with this federal habeas petition, in the Wisc. Court of Appeals.” Id. at 2. For relief, the petitioner asks the court to declare that his acts in both

cases were privileged and immune from prosecution, that the no contest plea in Case 1 was “constitutionally infirm, null and void,” that the probation revocation statute is unconstitutional and that his conviction in Case 1 is null and void. Id. at 3-4. The petitioner seeks an injunction barring further state detention without advance permission of this court, barring the state from refiling charges on the same or similar conduct and preventing the state from initiating punitive action. Id. Finally, the petitioner asks this court to order the circuit court judge to enjoin further prosecution and to refer the state actors to

the U.S. Attorney General under the “RICO Act Civil Investigative Demand.” Id. at 4. The petitioner’s sixteen-page brief in support of his petition explains why he believes his conduct was not criminal and how he believes that his rights have been violated. Dkt. No. 2. Among other things, he alleges that his sentencing after revocation was an “unconstitutional nullity” that violated the double jeopardy clause. Id. at 12. He alleges that Case 2, which remains

pending, threatens “quadruple jeopardy for prospective Punishment #4.” Id. at 14. Because he believes that Case 2 is “moot and barred” by “absolute judicial privilege and immunity,” he asserts that holding him in detention violates his Fourth and Eighth Amendment rights. Id. He also believes that under the “Intrastate Detainer Act,” Wisconsin law and the federal Constitution, the circuit court judge was required to dismiss Case 2 with prejudice and that the subsequent detention has violated his speedy trial rights. Id. at 14. The petitioner attached 115 pages of exhibits. Dkt. No. 2-2.

On April 14, 2025, the court received from the petitioner a letter advising that he would be filing an addendum to his petition, and that he would be including exhibits, his emergency petition for a writ of prohibition in 2025AP34W, two court of appeals decisions and a “Brady violation item list” in Case No. 24CF261. Dkt. No. 4. He since has filed a twenty-five-page addendum with exhibits, accusing Adam Gerol, Sandy Williams, Sandra Giernoth, Michael Keutitz, Attorney General Josha Kaul and other unnamed co-conspirators of violating his rights under the United States and Wisconsin Constitutions

during the pendency of Cases 1 and 2. Dkt. No. 5. Among other things, he cites Brady violations and alleges that “Gerol and cohorts have willfully, deliberately and maliciously acted to prevent [the petitioner’s] receipt of proper medical care for a serious and exotic condition known to them since December 2020.” Id. at 6. He also accuses DCI Agent James Pertzborn and Racine officers of raiding his home and seizing devices used in his work as an artificial intelligence design engineer on contract to the U.S. Air Force and “pretty much the entire

record of [his] assistance since the mid-1990s and of [his] family going back to 19th century Russia.” Id. at 9. He values the information and data at $10 million and considers the alleged seizure of the information to be “grand larceny of national defense technology information.” Id. at 10. This order screens the petition under Rule 4 of the Rules Governing Section 2254 Cases. II. Rule 4 Screening A. Standard

Rule 4 of the Rules Governing Section 2254 Cases provides: If it plainly appears from the face of the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. If the petition is not dismissed, the judge must order the respondent to file an answer, motion or other response within a fixed time, or to take other action the judge may order.

A court allows a habeas petition to proceed unless it is clear to the court that the petitioner is not entitled to relief in the district court. At the screening stage, the court expresses no view of the merits of any of the petitioner's claims. Rather, the court reviews the petition and exhibits to determine whether the petitioner alleges he is in custody in violation of the “Constitution or laws or treaties of the United States.” 28 U.S.C. §2254(a). Generally, a state prisoner must file his habeas petition within one year of the state court judgment becoming final. 28 U.S.C. §2254(d)(1)(A).

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Leventhal v. Kenitz, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leventhal-v-kenitz-wied-2025.