Doyle v. Thurmer

Filing 97

ORDER that Doyle MUST file his brief in support of his request for an evidentiary hearing on or before 10/11/2011; Thurmer MUST file any response brief to Doyle's request for an evidentiary hearing on or before 11/14/2011; Doyle may file any reply thereto on or before 11/28/2011; Doyle may file an amended petition on or before 10/11/2011; and, Thurmer may file an amended answer on or before 11/14/2011. Signed by Judge Rudolph T Randa on 09/08/2011. (cc: all counsel)(Koll, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DONTAE L. DOYLE,
Petitioner,
v.

Case No. 10-C-235

MICHAEL THURMER
Warden of Waupun Correctional Institution,
Respondent.

DECISION AND ORDER

The Petitioner, Dontae L. Doyle (“Doyle”), a State of Wisconsin prisoner
incarcerated at the Waupun Correctional Institution in Waupun, Wisconsin, petitions the Court
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court granted Doyle’s motion
for appointment of counsel by a Decision and Order issued on May 26, 2011. In so doing, the
Court recognized that it was likely that the file would be further supplemented, and afforded
newly appointed counsel an opportunity to confer with his client, further evaluate this matter,
and to indicate how Doyle would like to proceed. Thurmer was also given an opportunity to
respond. That process is has been completed.
Doyle requests an evidentiary hearing. Thurmer opposes that request. The
Court will set a schedule for the parties to brief Doyle’s hearing request.

Doyle also requests permission to amend his petition, and that the Respondent
be allowed to file an amended “traverse.” Doyle further asks that, if the Court decides to hold
an evidentiary hearing, he be allowed to further amend the petition and the Respondent be
allowed to file an amended traverse.
The Court will permit Doyle to file an amended petition and to further amend
his petition if the Court conducts an evidentiary hearing. However, at this juncture, the Court
will simply set a deadline for the amended petition and answer thereto.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Doyle MUST file his brief in support of his request for an evidentiary hearing
on or before October 11, 2011;
Thurmer MUST file any response brief to Doyle’s request for an evidentiary
hearing on or before November 14, 2011;
Doyle may file any reply thereto on or before November 28, 2011;
Doyle may file an amended petition on or before October 11, 2011; and,
Thurmer may file an amended answer on or before November 14, 2011.
Dated at Milwaukee, Wisconsin, this 8th day of September, 2011.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
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