Caldwell v. Bartow

Filing 30

ORDER signed by Judge Rudolph T. Randa on 7/10/2015 GRANTING 28 Petitioner's Motion for Extension of Time and Stay to the extent that Caldwell may file amended § 2254 petition and exhibits by 8/3/2015 and screening of his petition will be stayed until that date. (cc: all counsel, via mail to Iven Caldwell at Wisconsin Resource Center) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
IVEN LEE CALDWELL,
Petitioner,
-vsCase No. 15-C-293
BYRAN BARTOW,
Director, Wisconsin Resource Center,
Respondent.

DECISION AND ORDER
Pro se Petitioner Iven Lee Caldwell (“Caldwell”) has filed a motion
to stay the Rule Four screening order and for an extension of time until
August 3, 2015, to amend his petition and exhibits. (ECF No. 28.)
Caldwell’s motion establishes “good cause” for an extension of time
to amend his petition and exhibits. Caldwell is advised that the amended
petition will supersede the prior petition and must be complete in itself.
See Duda v. Bd. of Educ. of Franklin Park Pub. Sch. Dist. No. 84, 133 F.3d
1054, 1056-57 (7th Cir. 1998); See also Flannery v. Recording Indus. Ass’n
of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). In such instances, the “prior
pleading is in effect withdrawn as to all matters not restated in the
amended pleading[.]” Duda, 133 F.3d at 1057 (citation omitted). To amend
his petition, Caldwell must file an amended petition that includes all the

original allegations that he intends to pursue in this action, exhibits that
he wants to attach, and the added claims and/or exhibits. Furthermore,
the screening of Caldwell’s petition will be stayed until the August 3
deadline for filing his amended petition and exhibits. Caldwell has not
established a basis for any longer stay.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Caldwell’s motion for an extension of time and stay is GRANTED to
the extent that he may file an amended § 2254 petition and exhibits no
later than August 3, 2015, and the screening of his petition will be
stayed until such date.
Dated at Milwaukee, Wisconsin, this 10th day of July, 2015.
BY THE COURT:

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

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