Bowers v. Smith

Filing 38

ORDER signed by Judge Lynn Adelman on 4/1/13 granting 36 Motion for Extension of Time. Petitioner's brief due May 2, 2013; denying 37 Motion for Reconsideration. (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-01034

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. He now
requests an extension of time to file his brief until May 2, 2013 because he has been in
solitary confinement and has had limited access to his legal materials. In light of the
difficulties petitioner has encountered, I will give him the extension he requests.
I will also deny his renewed motion for the appointment of counsel for the same
reasons stated in my order dated June 18, 2012. Petitioner says he was receiving
assistance from another inmate when he moved to reopen this case and that inmate is no
longer available. However, his recent motions indicate that he is competent to litigate this
case on his own.

THEREFORE, IT IS ORDERED that petitioner has until May 2, 2013 to file his brief
in support of the petition.
IT IS FURTHER ORDERED that petitioner’s motion for reconsideration of the denial
of his motions to appoint counsel (Docket #37) is DENIED.
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 1st day of April 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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