Griffin v. Douma

Filing 7

ORDER signed by Judge Lynn Adelman on 7/22/2013 that the clerk of court shall amend the caption of the case to name Timothy Douma, Warden of New Lisbon Correctional Institution, as the respondent; that within 30 days of the date of this order respondent shall ANSWER the petition; and setting briefing schedule (See Order). (cc: all counsel, via US Mail to Petitioner, Warden Douma and WI Atty. General)(nts)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
GABRIEL GRIFFIN,
Petitioner,
v.

Case No. 13-CV-00616

LIZZIE TEGELS, Warden,
Jackson Correctional Institution,
Respondent.

DECISION AND ORDER
Pro se petitioner Gabriel Griffin, incarcerated at New Lisbon Correctional Institution,
has filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner was
convicted in Milwaukee County Circuit Court of criminal trespass to a dwelling and
disorderly conduct, each as a repeat offender. Pursuant to Rule 4 of the Rules Governing
§ 2254 Cases, I must give the case prompt initial consideration.
If it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court, the judge must dismiss
the petition and direct the clerk to notify the petitioner. If the petition is not
dismissed, the judge must order the respondent to file an answer, motion, or
other response within a fixed time, or to take other action the judge may
order.
Rule 4, Rules Governing § 2254 Cases. During my initial review of habeas petitions, I look
to see whether the petitioner has set forth cognizable constitutional or federal law claims
and exhausted available state remedies. Having reviewed the petition, I am unable to say
that the petitioner is not entitled to relief.

Since petitioner was moved to New Lisbon Correctional Institution after filing his
petition, I will order the clerk to amend the caption in this case to name the warden of that
institution as the respondent.
THEREFORE, IT IS ORDERED that the clerk shall amend the caption to name
Timothy Douma, Warden of New Lisbon Correctional Institution, as the respondent.
IT IS FURTHER ORDERED that within 30 days of the date of this order respondent
shall ANSWER the petition, complying with Rule 5 of the Rules Governing § 2254 Cases
and showing cause, if any, why the writ should not issue.
IT IS FURTHER ORDERED that unless respondent files a dispositive motion with
its answer 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 with its
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.

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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.
Petitioner is advised that he must send copies of all future filings with the court to
counsel for respondent, no matter whether in letter, brief, memorandum, or other form.
Until respondent files his or her answer, these copies should be sent to Gregory Weber at
the address below.
Pursuant to Rule 4 of the Rules Governing § 2254 Cases, copies of the petition and
this order will be mailed to respondent Timothy Douma and to the Attorney General for the
State of Wisconsin, c/o Gregory Weber, Assistant Attorney General, P.O. Box 7857,
Madison, WI 53707.
Dated at Milwaukee, Wisconsin, this 22nd day of July, 2013.

s/ Lynn Adelman
LYNN ADELMAN
District Judge

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