Gwin v. Pollard
Filing
13
ORDER LIFTING STAY signed by Judge J.P. Stadtmueller on 1/30/2017. Stay imposed on 2/5/2016 (Docket #10) LIFTED. Within 30 days, Respondent to answer the petition or file motion seeking dismissal of action. If Respondent files an answer: Petitione r to file brief in support of his petition within 60 days of Respondent's filing of answer; Respondent to file opposition brief within 60 days of service of Petitioner's brief or 120 days from date of this Order if Petitioner does not file a brief; Petitioner's reply brief due 30 days after filing of Respondent's response brief. If Respondent files a motion: Petitioner to file brief in opposition within 30 days of Respondent's filing of motion; Respondent to file reply brief within 15 days of filing of Petitioner's opposition brief. Briefs in support of or opposition to habeus petition or dispositive motion not to exceed 30 pages; reply briefs not to exceed 15 pages. See Order. (cc: all counsel, via mail to Sam Gwin, Jr. at Dodge Correctional Institution)(jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SAM GWIN, JR.,
Petitioner,
Case No. 15-CV-1140-JPS
v.
WILLIAM POLLARD,
Respondent.
ORDER
On February 5, 2016, the late Judge Rudolph T. Randa granted the
petitioner’s motion to stay this matter pending the completion of his
litigation on a motion for post-conviction relief. (Docket #10). On January 13,
2017, the petitioner filed a request to end the stay. (Docket #12). He attaches
decisions from Wisconsin courts denying his post-conviction motion related
to the claims in the instant petition. (Docket #12-1). Though the respondent
remains free to argue that there are procedural defects in the petition, the
petitioner’s request will be granted and this case will proceed with briefing.
Accordingly,
IT IS ORDERED that the stay imposed in this matter on February 5,
2016 (Docket #10) be and the same is hereby LIFTED; and
IT IS FURTHER ORDERED that the parties shall proceed in
accordance with the following schedule:
1.
Within 30 days of entry of this order, the respondent shall file
either an appropriate motion seeking dismissal of this action or
answer the petition, complying with Rule 5 of the Rules
Governing § 2254 Cases, and showing cause, if any, why the
writ should not issue; and
2.
If the respondent files an answer, then the parties should abide
by the following briefing schedule:
a.
b.
The respondent shall file an opposition brief, with
reasons why the writ of habeas corpus should not be
issued, within 60 days of service of petitioner’s brief, or
within 120 days from the date of this order if no brief is
filed by petitioner.
c.
3.
The petitioner shall have 60 days after the filing of the
respondent’s answer within which to file a brief in
support of his petition, providing reasons why the writ
of habeas corpus should be issued. The petitioner is
reminded that, in accordance with 28 U.S.C. § 2248,
unless he disputes allegations made by the respondent
in his answer or motion to dismiss, those allegations
“shall be accepted as true except to the extent that the
judge finds from the evidence that they are not true.”
The petitioner may then file a reply brief, if he wishes to
do so, within 30 days after the respondent has filed a
response brief.
If the respondent files a motion in lieu of an answer, then the
parties should abide by the following briefing schedule:
a.
The petitioner shall have 30 days following the filing of
respondent’s dispositive motion and accompanying
brief within which to file a brief in opposition to that
motion.
b.
The respondent shall have 15 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 thirty pages and reply briefs must not
exceed fifteen pages, not counting any caption, cover page, table of contents,
table of authorities, and/or signature block.
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Because Petitioner’s filings will be electronically scanned and entered
on the docket upon receipt by the clerk, Petitioner need not mail to counsel
for the respondent copies of documents sent to the Court.
Dated at Milwaukee, Wisconsin, this 30th day of January, 2017.
BY THE COURT:
J.P. Stadtmueller
U.S. District Judge
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