Johnson v. Humphreys

Filing 7

ORDER DISMISSING CASE as untimely signed by Judge Lynn Adelman on 2/10/10. (cc: petitioner, all counsel)(Wesolek, Marie)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
CARL J. JOHNSON, JR., Petitioner, v. ROBERT HUMPHREYS, Warden, Racine Correctional Institution, Respondent. Case No. 09-C-0849

ORDER On September 2, 2009, Carl J. Johnson, Jr. filed this petition pursuant to 28 U.S.C. § 2254, asserting that his state court conviction and sentence were imposed in violation of the Constitution. In an order dated September 24, 2009, I noted that it appeared that petitioner was not entitled to habeas relief because the petition was untimely by more than twelve years, 28 U.S.C. § 2244(d), and I provided petitioner with thirty days to file a statement arguing that his petition was timely. On October 27, 2009, petitioner requested a thirty-day extension to file his statement, and I granted his request. However, petitioner did not file his statement by the extended deadline. On January 4, 2010, I issued an order stating that if petitioner did not file his statement by February 1, 2010, I would dismiss the petition as untimely. Once again, the deadline has passed and plaintiff has not filed any statement in support of his petition. I thus conclude that petitioner concedes that his petition is untimely. THEREFORE, IT IS ORDERED that the petition is DISMISSED as untimely. The clerk of court shall enter final judgment.

Dated at Milwaukee, Wisconsin, this 10 day of February, 2010.

/s LYNN ADELMAN District Judge