Caldwell v. Bartow

Filing 52

ORDER signed by Judge Rudolph T. Randa on 6/15/2016. Bartow's answer to instant petition due 8/15/2016; state trial/appellate attorneys may file response by 9/15/2016; Caldwell and/or Bartow's reply due 10/17/2016. (cc: all counsel, via mail to Atty. Peter Goldberg, Atty. Scott Anderson)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
IVEN LEE CALDWELL,
Petitioner,
-vs-

Case No. 15-C-293

BYRAN BARTOW,
Director of Wisconsin Resource Center,
Respondent.

DECISION AND ORDER
Petitioner Iven Lee Caldwell, an inmate at the Wisconsin Resource
Center, has filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 challenging his April 4, 2011, conviction by the Milwaukee
County Circuit Court following a plea of nolo contendere to first-degree
intentional homicide. Caldwell has paid the $5.00 filing fee. Under Rule 4
Governing § 2254 Cases in the United States District Courts this Court must
determine whether the action is plainly without merit. Unless plainly without
merit, Director Byran Bartow should be required to answer.
Here, Caldwell alleges that he is in custody pursuant to the conviction
he challenges and he raises arguable constitutional claims. Therefore, Bartow
will be required to file an answer to the instant petition which must conform
to the requirements of Rule 5 of the Rules Governing § 2254 Cases in the

District Courts.

Because the motion includes allegations of ineffective

assistance of trial counsel and appellate counsel, the Court will direct the
Clerk of Court to send a copy of this Order to Caldwell’s state court
attorneys and afford them an opportunity to respond.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
The Clerk of Court is directed to send a copy of this Decision and
Order to trial and appellate counsel.
On or before August 15, 2016, Bartow MUST FILE an answer to
the instant petition;
Defense counsel may file a response to the motion on or before
September 15, 2016; and
Any reply MUST BE FILED by Caldwell and/or Bartow on or
before October 17, 2016.
Dated at Milwaukee, Wisconsin, this 15th day of June, 2016.
BY THE COURT:

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

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