Frey v. Dittmann

Filing 9

ORDER signed by Judge Lynn Adelman on 12/18/13 that unless the petitioner files a brief in support of his habeas petition within thirty days of the date of this order, this case will be dismissed. (cc: all counsel, via USPS to petitioner)(dm)

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. On
August 9, 2013, I reviewed the petition under Rule 4 of the Rules Governing § 2254 Cases
and found that the petitioner could proceed further. In that same order, I set a deadline for
the respondent to file an answer to the petition and a briefing schedule on the merits of the
petition. The briefing schedule provided that the petitioner would file his brief in support
of his petition within forty-five days of the date on which the respondent filed his answer.
The respondent filed his answer on September 9, 2013, which means that the petitioner’s
brief was due on October 24, 2013. To date, the petitioner has not filed a brief. The
petitioner is hereby advised that if he does not file a brief within thirty days of the date of
this order, I will assume that he has abandoned his request for habeas relief and will
dismiss this case.

Accordingly, IT IS ORDERED that unless the petitioner files a brief in support of his
habeas petition within thirty days of the date of this order, this case will be dismissed.
Dated at Milwaukee, Wisconsin, this 18th day of December, 2013.
s/ Lynn Adelman
___________________
LYNN ADELMAN
District Judge

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