GREEN v. BASINGER

Filing 28

ENTRY - petitioner' s motion for reconsider 27 of the court's denial of his motion for an evidentiary hearing is denied. The respondent has abandoned his statute of limitations defense and has replaced it with a defense to the merits of the habeas petition. The petitioner shall have through November 22, 2011, in which to reply to the respondents return to order to show cause filed on October 19, 2011. Signed by Judge Jane Magnus-Stinson on 11/4/2011.(copy to petitoner via us mail) (VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

RUBEN GREEN,
Petitioner,
v.
RICHARD BROWN,
Respondent.

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No. 2:11-cv-094-JMS-WGH

ENTRY
The petitioner’s motion for reconsider [27] of the court’s denial of his motion for an
evidentiary hearing is denied. See Patel v. Gonzales 442 F.3d 1011, 1015-1016 (7th Cir.
2006) (“A motion to reconsider asks that a decision be reexamined in light of additional
legal arguments, a change of law, or an argument that was overlooked earlier . . . .”).
The respondent has abandoned his statute of limitations defense and has
replaced it with a defense to the merits of the habeas petition. The petitioner shall have
through November 22, 2011, in which to reply to the respondent’s return to order to
show cause filed on October 19, 2011.
IT IS SO ORDERED.

11/04/2011
Date: ________________

Distribution:
[e-mail]
Ruben Green
DOC #160642
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana