Gentry, Dale v. Karlen, Thomas

Filing 11

ORDER that the new briefing schedule for 1 Petition for Writ of Habeas Corpus is as follows: Petitioner's Brief in Support due 6/29/2011. Respondent's Brief in Opposition due 7/29/2011. Petitioner's Brief in Reply due 8/18/2011. Submission of a reply brief in optional. Signed by Magistrate Judge Stephen L. Crocker on 6/14/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DALE J. GENTRY,
Petitioner,

ORDER

v.
11-cv-120-wmc
THOMAS E. KARLEN,
Respondent.

On May 2, 2011, the state filed its response to petitioner Dale Gentry’s petition for a
writ of habeas corpus, dkt. #9. Pursuant to the terms of the order to show cause, petitioner had
30 days, or until June 1, 2011, in which to file a brief in support of his petition. It is now June
14, 2011 and petitioner has neither submitted a brief nor asked for more time within which to
do so. Because petitioner is proceeding pro se, I will give him one more chance to submit a brief
in support of his petition.
In his brief, petitioner must show either that (1) the state appellate court contravened
a controlling opinion of the United States Supreme Court;( 2) the state appellate court applied
a controlling opinion of the United States Supreme Court in an unreasonable manner; or (3) the
state appellate court’s decision rested upon an unreasonable determination of the facts. 28
U.S.C. § 2254(d).
ORDER
IT IS ORDERED that the new briefing schedule is as follows:
Petitioner shall have until June 29, 2011 to submit a brief in support of his petition for
a writ of habeas corpus. Failure to submit a brief in support will result in dismissal of the
petition for failure to prosecute. The respondent may have until July 29, 2011 to file a brief in

opposition. Petitioner may have until August 18, 2011 to submit a reply brief. Submission of
this reply brief is optional.

Entered this 14th day of June, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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