Miller v. Pollard

Filing 26

ORDER signed by Judge Lynn Adelman on 5/24/16 granting 22 Motion to Lift Stay; granting 23 Motion to Amend/Correct. Further ordering that within 60 days of the date of this order respondent either answer the amended petition or file a dispositive motion. Finally ordering the parties to abide by the schedule regarding the filing of briefs on the merits of petitioners claims set forth herein. See order. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL MARIO MILLER,
Petitioner,
v.

Case No. 12-C-0945

BRIAN FOSTER, Warden,
Waupun Correctional Institution,
Respondent.

ORDER
On April 11, 2013, I granted the petitioner’s motion to stay this habeas case and
hold the petition in abeyance until he had exhausted his state remedies in connection
with claims that he sought to add to the petition. On May 4, 2016, the petitioner filed a
motion in which he states that he believes he has exhausted his state remedies and
would like me to order further proceedings in this matter. I will grant this motion.
On the same day that the petitioner filed his motion to lift the stay, he also filed a
motion to amend his original petition. In this motion, the petitioner states that he is
attempting to retain counsel and would like time for retained counsel to file an amended
petition. However, on May 9, 2015, the petitioner filed, pro se, a proposed amended
petition. I will grant the petitioner’s motion to file an amended petition and treat the
petition filed on May 9th as the amended petition. Should the petitioner later retain
counsel, he may at that time seek leave to file a second amended petition.
THEREFORE, IT IS ORDERED that petitioner’s motion to lift the stay is
GRANTED.

IT IS FURTHER ORDERED that petitioner’s motion to file an amended petition is
GRANTED.
IT IS FURTHER ORDERED that within 60 days of the date of this order
respondent either answer the amended petition or file a dispositive motion.
FINALLY, IT IS ORDERED that that the parties shall abide by the following
schedule regarding the filing of briefs on the merits of petitioner’s claims: (1) petitioner
shall have 45 days following the filing of respondent’s answer within which to file his
brief in support of his petition; (2) respondent shall have 45 days following the filing of
petitioner’s initial brief within which to file a brief in opposition; and (3) petitioner shall
have 30 days following the filing of respondent’s opposition brief within which to file a
reply brief, if any.
In the event that respondent files a dispositive motion and supporting brief in lieu
of an answer, this briefing schedule will be suspended and the briefing schedule will be
as follows: (1) petitioner shall have 45 days following the filing of respondent’s
dispositive motion and supporting initial brief within which to file a brief in opposition;
and (2) respondent shall have 30 days following the filing of petitioner’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 30 pages and reply briefs must not exceed 15 pages, not counting any
statements of facts, exhibits, and affidavits.

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Dated at Milwaukee, Wisconsin, this 24th day of May, 2016.

s/ Lynn Adelman
________________________________
LYNN ADELMAN
District Judge

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