Lewis v. Foster

Filing 9

ORDER signed by Judge Rudolph T. Randa on 1/20/2015. On or before 3/23/2015 Foster to file answer to Lewis' petition for writ of habeas corpus. (cc: all counsel, via US mail to Mack Lewis at Green Bay Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MACK LEWIS,
Petitioner,
-vs-

Case No. 14-C-831

BRIAN FOSTER,
Warden of Green Bay
Correctional Institution,
Respondent.

DECISION AND ORDER
Pro se Petitioner Mack Lewis (“Lewis”), currently incarcerated at
Green Bay Correctional Institution, filed a petition for relief pursuant to 28
U.S.C. § 2254 challenging his January 4, 2008, conviction for second-degree
reckless homicide with use of a dangerous weapon.

He has paid the $5.00

filing fee as directed by the Court’s December 12, 2014, Decision and Order.
Consequently, the Court reviews this action pursuant to 28 U.S.C. §
1915(a)(1) and Rule 4 of the Rules Governing § 2254 Cases, which reads:
If it plainly appears from the face of the petition and
any exhibits annexed to it that the petitioner is not
entitled to relief in the district court, the judge shall
make an order for its summary dismissal and cause
the petitioner to be notified. Otherwise the judge
shall order the respondent to file an answer.

Rule 4, Rules Governing § 2254 Cases.
The Court’s initial review of habeas petitions requires determining
whether the petitioner has set forth cognizable constitutional or federal law
claims and exhausted available state remedies.

Lewis’ petition raises

arguable constitutional claims. He has presented his claims to the Wisconsin
Court of Appeals and unsuccessfully petitioned the Wisconsin Supreme Court
for review. See State v. Lewis, 338 Wis. 2d 211, 808 N.W.2d 174 (Wis. Ct. App.
2012) (Table), rev. denied, 352 Wis. 2d 351, 842 N.W.2d 359 (Wis. 2013)
(Table). Since Lewis’ claims are not subject to summary dismissal, the Court
will require Respondent Brian Foster (“Foster”) to file an answer.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Foster MUST FILE AN ANSWER to Lewis’ petition for a writ of
habeas corpus on or before March 23, 2015; and
The answer MUST conform to the requirements of Rule 5 of the Rules
Governing Section 2254 Cases.
Dated at Milwaukee, Wisconsin, this 20th day of January, 2015.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-