Hanson v. Clements

Filing 6

ORDER signed by Judge Lynn Adelman on 9/12/13 that within 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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DANIEL L. HANSON,
Petitioner,
v.

Case No. 13-CV-00896

MARC W. CLEMENTS, Warden,
Fox Lake Correctional Institution,
Respondent.

DECISION AND ORDER
On August 7, 2013, Daniel Hanson filed this petition pursuant to 28 U.S.C. § 2254,
asserting that his state court conviction and sentence were imposed in violation of the
Constitution. Petitioner was convicted in Marinette County Circuit Court of operating while
under the influence under Wis. Stat. § 346.63(1)(a), battery to an emergency rescue
worker under Wis. Stat. § 940.20(7)(b), and disorderly conduct under Wis. Stat. § 947.01.
He was sentenced to eight years’ initial confinement followed by eight years’ supervised
release, and he is currently incarcerated at Fox Lake Correctional Institution.
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.
THEREFORE, IT IS ORDERED that within 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.
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.
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 30 pages and reply briefs must not exceed 15 pages, not counting any statements
of facts, exhibits, and affidavits.

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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.
Pursuant to the Memorandum of Understanding between the Attorney General and
this court, copies of the petition and this order are being sent today to the Attorney General
for the State of Wisconsin for service upon the respondent.
Dated at Milwaukee, Wisconsin, this 12th day of September, 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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