Martinez v. Foster

Filing 43

ORDER signed by Chief Judge Pamela Pepper on 7/16/2020. 36 Petitioner's motion to amend the record DENIED without prejudice. 42 Petitioner's motion for extension of time to file brief in support of petition GRANTED; petitioner's brief due 9/30/2020. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

VINCENT MARTINEZ,
Petitioner,
v.

Case No. 18-cv-716-pp

BRIAN FOSTER,
Respondent.

ORDER DENYING WITHOUT PREJUDICE PETITIONER’S MOTION TO
AMEND THE RECORD (DKT. NO. 36) AND GRANTING PETITIONER’S
MOTION FOR EXTENSION OF TIME (DKT. NO. 42)

The petitioner, representing himself, filed a motion to amend the record
on January 24, 2020. Dkt. No. 36. On June 1, 2020, the court ruled on other
of the petitioner’s pending motions—granting an extension of time until July
17, 2020 for the petitioner to file his brief (dkt. nos. 32, 37) and denying
without prejudice his motion to appoint counsel (dkt. no. 33). Dkt. No. 39. The
court reserved ruling on the motion to amend the record and ordered the
respondent to file a response by June 15, 2020. Id.
A week later, the respondent filed his response; he argues that the
petitioner “does not adequately identify the documents he wants added or how
they relate to this proceeding.” Dkt. No. 40. The court agrees, and will deny
without prejudice the petitioner’s motion to amend. The court notes that on
July 15, 2020, Attorney Robert Meyeroff appeared on behalf on the petitioner
and asked the court for an extension of time to file a brief in support of the
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petition. Dkt. Nos. 41, 42. The court will grant that motion. If the petitioner
refiles a motion to amend the record with more specifics as to his proposed
amendments, the court will revisit the issue.
The court DENIES WITHOUT PREJUDICE the petitioner’s motion to
amend the record. Dkt. No. 36.
The court GRANTS the petitioner’s motion for extension of time. Dkt. No.
42.
The court ORDERS that the time for the petitioner to file a brief in
support of his petition for writ of habeas corpus is EXTENDED until the end of
the day on September 30, 2020.
Dated in Milwaukee, Wisconsin this 16th day of July, 2020.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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