Picotte v. Foster

Filing 14

ORDER signed by Judge Lynn Adelman on 1/16/14 that unless petitioner files a response to respondents motion to dismiss within thirty days of the date of this order, I will assume that the motion is unopposed and will grant it. (cc: all counsel, via USPS to petitioner)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

WAYLON J. PICOTTE, SR.,
Petitioner,
v.

Case No. 13-C-0853

BRIAN FOSTER, Warden,
Kettle Moraine Correctional Institution,
Respondent.

ORDER
Waylon Picotte, Sr., has filed a habeas petition pursuant to 28 U.S.C. § 2254. On
November 15, 2013, respondent filed a motion to dismiss the petition. Under the briefing
schedule I set in my order reviewing the petition pursuant to Rule 4 of the Rules Governing
§ 2254 Cases, Picotte’s brief in opposition to the motion to dismiss was due within 45 days
of November 15. To date, however, Picotte has not filed a response. Picotte is hereby
advised that if he does not file a response to the respondent’s motion within thirty days of
the date of this order, I will assume that he does not oppose the motion and will grant it.
Accordingly, IT IS ORDERED that unless the petitioner files a response to
respondent’s motion to dismiss within thirty days of the date of this order, I will assume that
the motion is unopposed and will grant it.
Dated at Milwaukee, Wisconsin, this 16th day of January, 2014.

s/ Lynn Adelman
_________________________
LYNN ADELMAN
District Judge