Frey v. Dittmann

Filing 4

ORDER signed by Judge Lynn Adelman on 8/9/13 that within thirty (30) days of the date of this order respondent ANSWER the petition, showing cause, if any, why the writ should not issue. Further ordering that unless respondent files a dispositive motion with its answer the parties shall abide by the briefing schedule set forth herein. (cc: all counsel, via USPS to petitioner)(dm)

Frey v. Dittmann

Doc. 4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MICHAEL L. FREY,
Petitioner,
v.

Case No. 13-C-0875

MICHAEL A. DITTMANN,
Respondent.

ORDER
Michael L. Frey has filed a habeas petition pursuant to 28 U.S.C. § 2254, asserting
that his state court conviction and sentence were imposed in violation of the Constitution.
Pursuant to Rule 4 of the Rules Governing § 2254 Cases, I must give the case prompt
initial consideration.
If it plainly appears from the face of 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. Having reviewed the petition, I conclude that it
does not plainly appear that the petitioner is not entitled to relief in the district court.
Accordingly, respondent will be ordered to file a response to the petition.
THEREFORE, IT IS ORDERED that within thirty (30) days of the date of this order
respondent ANSWER the petition, complying with Rule 5 of the Rules Governing § 2254
Cases, and showing cause, if any, why the writ should not issue.
FURTHER, IT IS 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

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the merits of petitioner’s claims: (1) petitioner shall have forty-five (45) days following the
filing of respondent’s answer within which to file his brief in support of his petition;
(2) respondent shall have forty-five (45) days following the filing of petitioner’s initial brief
within which to file a brief in opposition; and (3) petitioner shall have thirty (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 forty-five (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 thirty (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 thirty pages and reply briefs must not exceed fifteen pages, not counting any
statements of facts, exhibits, and affidavits.
Pursuant to Rule 4 of the Rules Governing § 2254 Cases, copies of the petition and
this order will be mailed to respondent and, in accordance with the memorandum of
understanding between this court and the Wisconsin Department of Justice, electronically
transmitted to the Attorney General for the State of Wisconsin.
Dated at Milwaukee, Wisconsin, this 9th day of August, 2013.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge
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