Bowers v. Smith

Filing 30

ORDER signed by Judge Lynn Adelman on 8/15/12 denying 27 Motion for Reconsideration; granting 29 Motion for Extension of Time. Petitioner has until 10/30/12 to file his brief in support of his petition; respondent has forty-five (45) days foll owing the filing of petitioners initial brief within which to file a brief in opposition; and petitioner has thirty (30) days following the filing of respondents opposition brief within which to file a reply brief, if any. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WILLIAM B. BOWERS,
Petitioner,
v.

Case No. 02-CV-001034

JUDY P. SMITH, Warden,
Oshkosh Correctional Institution,
Respondent.

DECISION AND ORDER
Petitioner William Bowers was convicted in Waukesha County Circuit Court of two
counts of second degree sexual assault of a child, and he is currently being held in the
Oshkosh Correctional Institution. He filed this petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 because he believes that his conviction and sentence violate the
Constitution and laws of the United States. This case was stayed from December 31, 2003
until June 18, 2012, at which point I lifted the stay and ordered respondent to file an
amended answer to the petition. Respondent filed her new answer on July 17, 2012, and
I gave petitioner 45 days from that date to file his brief in support of his petition. Before me
now is petitioner’s renewed motion for the appointment of counsel and a motion for an
extension of time to file his brief in support of the petition.
I will deny the renewed motion for the appointment of counsel for the same reasons
stated in my order dated June 18, 2012. Petitioner’s filings in this case so far indicate that
he is competent to litigate this case himself. I will, however, grant petitioner’s request for
additional time to file his brief in support of the petition.

THEREFORE, IT IS ORDERED that petitioner’s renewed motion for the
appointment of counsel [DOCKET #27] is DENIED.
IT IS FURTHER ORDERED that (1) petitioner shall have until October 30, 2012 to
file his brief in support of his petition; (2) respondent shall have forty-five (45) days
following the filing of petitioner’s initial brief within which to file a brief in opposition; and (3)
petitioner shall have thirty (30) days following the filing of respondent’s opposition brief
within which to file a reply brief, if any.
Pursuant to Civil L.R. 7(f), the following page limitations apply: briefs in support of
or in opposition to the habeas petition or a dispositive motion filed by respondent must not
exceed thirty pages and reply briefs must not exceed fifteen pages, not counting any
statements of facts, exhibits, and affidavits.
Dated at Milwaukee, Wisconsin, this 15th day of August 2012.

s/ Lynn Adelman
LYNN ADELMAN
District Judge

2