Arithmetic Vs. Law

In Wisconsin Civil Case 13CV006447, the court concluded "as a matter of law the petitioner has not stated a valid claim for relief".

What is Failure to State a Claim?

The law states that failure to state a claim is "the failure to present sufficient facts, which if taken as true, would indicate that any violation of law accrued or that the claimant is entitle to a legal remedy".

"The court finds this to be an accurate computation of the petitioner's discharge date (provided revocation does not occur)".

The arithmetic used to compute the projected release date is not the issue, rather, the issue is whether the facts presented in the petition, if true, violated Wisconsin Statutes Chapter 304 & 973 and entitles the petitioner to a legal remedy...a discharge certificate.

In a civil case, preponderance of the evidence, the greater weight of the evidence required for the trier of fact to decide in favor of one side or the other.  This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence (number of persons applying projected arithmetic).  Thus, a clearly stated discharge certificate signed by the Secretary of Wisconsin Prisons with definite dates and statutes may out weigh opinions or speculations about what the certificate intended.