Thorson v. Epps et al

Filing 10

ORDER granting in part and denying in part 9 Motion for Briefing Schedule; Respondents must file state-court record by June 2, 2014; Petitioner must file memorandum by June 2, 2014; Respondents must file responsive brief within 60 days of service of Petitioner's memorandum; Petitioner may file reply memorandum within 30 days of service of Respondents' memorandum. Signed by District Judge Daniel P. Jordan, III on April 30, 2014 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
ROGER THORSON
VS.

PETITIONER
CIVIL ACTION NO. 1:12CV67DPJ

CHRISTOPHER EPPS, COMMISSIONER,
MISSISSIPPI DEPARTMENT OF
CORRECTIONS and JIM HOOD,
ATTORNEY GENERAL

RESPONDENTS

ORDER ON MOTION FOR BRIEFING SCHEDULE
This matter came before the Court on Petitioner’s Motion for Briefing Schedule, by which
he seeks leave to supplement his Petition for Writ of Habeas Corpus and asks the Court for the entry
of “any type of briefing schedule the Court may deem proper.” Respondents have filed no response
to the Motion. Finding that all parties have defaulted in the obligations earlier ordered by the Court,
the Motion will be granted in part, and denied in part, for the reasons that follow.
In its Order Appointing Counsel, entered in this matter on April 16, 2012, the Court set the
following briefing schedule:
Upon Thorson’s timely filing of a petition for writ of habeas corpus, the Court
hereby orders the Respondents to answer that petition within sixty days. The
Respondents also shall file a complete copy of the state-court record with the Court
within thirty days of service of the answer. Not later than thirty days after service of
the answer, Thorson must file and serve a memorandum of law in support of his
petition, and, within sixty days of service of Thorson’s memorandum, the
Respondents shall file a memorandum in response thereto. Thorson may file a reply
to the Respondent’s response within thirty days of the response’s service.
A review of the docket in this case shows that the Petition for Writ of Habeas Corpus was filed on
August 15, 2012. Respondents filed their Answer on November 14, 2012. Since that time, there has
been no other activity in this case, except for the filing of this Motion. It appearing that Respondents

have failed to timely file the state-court record and that Petitioner has failed to timely file a
memorandum in support of his Petition, the Court will set a new schedule for the completion of the
briefing in this matter.
IT IS, THEREFORE, ORDERED that Petitioner’s Motion for Briefing Schedule [9] is
hereby granted in part and denied in part, as follows:
1.

Respondents must file and serve the state-court record on or before June 2, 2014.

2.

Petitioner must file and serve a memorandum of law in support of his Petition for
Writ of Habeas Corpus on or before June 2, 2014.

3.

Respondents must file and serve a responsive memorandum in support of their
Answer within sixty days of service of Petitioner’s memorandum.

4.

Petitioner may file and serve a reply to Respondents’ memorandum within thirty days
of service of Respondents’ memorandum.

IT IS SO ORDERED this 30th day of April, 2014.

s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE

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