Karasti v. Kemper
Filing
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DECISION AND ORDER signed by Judge Lynn Adelman on 5/22/14 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 the parties to abide by the schedule regarding the filing of briefs on the merits of petitioners claims set forth herein. (cc: all counsel, via USPS to petitioner)(dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOSHUA JAMES KARASTI,
Petitioner,
v.
Case No. 14-CV-00440
WARDEN PAUL KEMPER,
Respondent.
DECISION AND ORDER
Pro se petitioner Joshua Karasti 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 Kenosha County Circuit Court of hit and run
involving death under Wis. Stat. § 346.67(1), homicide by intoxicated use of a vehicle
under Wis. Stat. § 940.09(1)(a), and operating while under the influence under Wis. Stat.
§ 346.63(1)(a). He was sentenced to 10 years initial incarceration and 10 years extended
supervision and is currently incarcerated at Racine 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 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. 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 conclude that it
does not plainly appear that the petitioner is not entitled to relief in the district court.
Accordingly, I will order respondent to answer the petition.
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 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 in lieu
of an 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 22nd day of May, 2014.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge
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