Below v Foster

Below v Foster

Petitioner:	Gregory Tyson Below
Respondent:	Brian Foster
Case Number:	2:2017cv01709
Filed:	December 7, 2017
Court:	US District Court for the Eastern District of Wisconsin
Office:	Milwaukee Office
County:	Dodge
Presiding Judge:	J P Stadtmueller
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 30, 2018	Filing 13 ORDER signed by Judge J.P. Stadtmueller on 4/30/2018. 8 Petitioner's Motion for Reconsideration DENIED. 11 Amended Petition for Writ of Habeas Corpus SCREENED and offers only the exhausted claims previously identified. Copy of Petitione r's Amended Petition and this Order to be electronically SENT to Wisconsin DOJ for service on Respondent; DOJ to NOTIFY Court within 21 days if it will not accept service for Respondent. Within 30 days, Respondent to FILE motion to dismiss or an swer amended petition. IF RESPONDENT FILES ANSWER, briefing to proceed as follows: Petitioner's brief in support of his Amended Petition due within 60 days of filing of Respondent's answer; Respondent's opposition brief due within 60 d ays of service of Petitioner's brief or 120 days of this Order if Petitioner does not file a brief; Petitioner's reply due within 30 days of filing of Respondent's brief. IF RESPONDENT FILES MOTION, briefing to proceed as follows: Peti tioner's brief in opposition due within 30 days of filing of Respondent's motion; Respondent's reply due within 15 days of filing of Petitioner's brief. Civil L. R. 7(f) governs page limitations. See Order for further details. (cc: all counsel, via mail to Gregory Tyson Below at Waupun Correctional Institution) (jm)
March 26, 2018	Filing 6 SCREENING ORDER signed by Judge J.P. Stadtmueller on 3/26/2018. 2 Petitioner's Motion for Stay and Abeyance is DENIED. Within 30 days: Petitioner to FILE a letter seeking dismissal of this action in its entirety to seek exhaustion of unex hausted claims in state court; or Petitioner to FILE a letter that he wishes to proceed only on his unexhausted claims and FILE an amended petition that does not include the unexhausted claims. See Order. (cc: all counsel, via mail to Gregory Tyson Below at Waupun Correctional Institution) (jm)

Date Filed

Document Text

April 30, 2018

Filing 13 ORDER signed by Judge J.P. Stadtmueller on 4/30/2018. 8 Petitioner's Motion for Reconsideration DENIED. 11 Amended Petition for Writ of Habeas Corpus SCREENED and offers only the exhausted claims previously identified. Copy of Petitione r's Amended Petition and this Order to be electronically SENT to Wisconsin DOJ for service on Respondent; DOJ to NOTIFY Court within 21 days if it will not accept service for Respondent. Within 30 days, Respondent to FILE motion to dismiss or an swer amended petition. IF RESPONDENT FILES ANSWER, briefing to proceed as follows: Petitioner's brief in support of his Amended Petition due within 60 days of filing of Respondent's answer; Respondent's opposition brief due within 60 d ays of service of Petitioner's brief or 120 days of this Order if Petitioner does not file a brief; Petitioner's reply due within 30 days of filing of Respondent's brief. IF RESPONDENT FILES MOTION, briefing to proceed as follows: Peti tioner's brief in opposition due within 30 days of filing of Respondent's motion; Respondent's reply due within 15 days of filing of Petitioner's brief. Civil L. R. 7(f) governs page limitations. See Order for further details. (cc: all counsel, via mail to Gregory Tyson Below at Waupun Correctional Institution) (jm)

March 26, 2018

Filing 6 SCREENING ORDER signed by Judge J.P. Stadtmueller on 3/26/2018. 2 Petitioner's Motion for Stay and Abeyance is DENIED. Within 30 days: Petitioner to FILE a letter seeking dismissal of this action in its entirety to seek exhaustion of unex hausted claims in state court; or Petitioner to FILE a letter that he wishes to proceed only on his unexhausted claims and FILE an amended petition that does not include the unexhausted claims. See Order. (cc: all counsel, via mail to Gregory Tyson Below at Waupun Correctional Institution) (jm)

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Petitioner: Gregory Tyson Below
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Respondent: Brian Foster
Represented By:	Wisconsin Dept of Justice - Habeas
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