Gorak v. Tatum et al

Filing 12

ORDER signed by Judge Lynn Adelman on 12/12/14 denying 8 Motion for expedited review. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

GREGORY GORAK,
Petitioner,
v.

Case No. 14-C-1411

ESKER TATUM, Warden,
FCI-Berlin, and J.B. VAN HOLLEN,
Attorney General of the State of Wisconsin
Respondents.

ORDER
Gregory Gorak has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. Gorak is currently in federal custody, but his petition challenges future custody
under a Wisconsin judgment of conviction. In an order dated November 12, 2014, I
reviewed the petition pursuant to Rule 4 of the Rules Governing § 2254 Cases and ordered
the respondent to file an answer or dispositive motion within 30 days. On November 17,
2014, the court received a motion from petitioner in which he asks that I expedite
proceedings in this case because he is scheduled to begin serving his Wisconsin sentence
soon. That motion will be denied. Nearly all § 2254 petitioners are serving the sentence
that they are challenging while their cases are pending, and thus the fact that petitioner will
begin serving his Wisconsin sentence soon is not a reason to treat this case differently
than any other § 2254 case.
Therefore, IT IS ORDERED that petitioner’s motion for expedited review (ECF No.
8) is DENIED.

Dated at Milwaukee, Wisconsin, this 12th day of December 2014.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge

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