Lammers v. State of Wisconsin

Filing 12

ORDER signed by Judge Lynn Adelman on 4/28/13 granting 11 Respondent's letter request to file dispositive motion in lieu of answer. Further ordering briefing schedule as follows: Petitioner's opposition brief due due 45 days after filing of respondent's dispositive motion; Respondent's reply due 30 days following filing of petitioner's opposition brief. (cc: all counsel, via USPS to petitioner)(dm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN JAMES D. LAMMERS, Petitioner, v. Case No. 13-CV-00028 STATE OF WISCONSIN, Respondent. ORDER On April 5, 2013, I ordered respondent to answer petitioner’s petition for a writ of habeas corpus within 30 days. Respondent now requests permission to file a dispositive motion in lieu of an answer, and I will grant its request. THEREFORE, IT IS ORDERED that respondent may file a dispositive motion in lieu of an answer to the petition. The parties shall abide by the following schedule regarding the filing of briefs on the merits of respondent’s motion: (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. Dated at Milwaukee, Wisconsin, this 28th day of April 2013. s/ Lynn Adelman _______________________ LYNN ADELMAN District Judge

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