Bowers v. Smith

Filing 34

ORDER signed by Judge Lynn Adelman on 2/15/13 giving petitioner an additional 30 days to file his brief in support of the petition. Brief due 3/18/13. (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 is currently being held in the Oshkosh Correctional
Institution pursuant to a state court conviction. He filed this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254 because he believes his detention violates the
Constitution and laws of the United States. The deadline for petitioner to file his brief in
support of his petition was December 29, 2012, but petitioner missed this deadline. On
January 9, 2013, he filed a letter with the court stating that he was unable to complete his
brief because he has been in solitary confinement without the necessary documents. He
said that he would again have access to the necessary materials on January 18, 2013 and
that he would submit a formal motion for an extension of time by January 25, 2013. He has
not yet followed up on that letter. In light of the difficulties petitioner has been having, I will
give him an additional 30 days from the date of this order to file his brief in support of the
petition.
THEREFORE, IT IS ORDERED that petitioner has until March 18, 2013 to file his
brief in support of the petition.

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 February 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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