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    Jordan v. Watters - Document No. 28

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    ORDER GRANTING 23 MOTION for Reconsideration and the judgment is VACATED. IT IS FURTHER ORDERED that within 30 days of the date of this order respondent answer the petition. IT IS FURTHER ORDERED that unless respondent files a dispositive motion with its answer the parties shall abide by the following schedule regarding briefing (see attached order for further details), signed by Judge William C Griesbach on January 23, 2007. (cc: all counsel)(Griesbach, William) 1:2006cv00799 Wisconsin Eastern District Court

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    Jordan v. Watters - Document No. 28

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    ORDER GRANTING 23 MOTION for Reconsideration and the judgment is VACATED. IT IS FURTHER ORDERED that within 30 days of the date of this order respondent answer the petition. IT IS FURTHER ORDERED that unless respondent files a dispositive motion with its answer the parties shall abide by the following schedule regarding briefing (see attached order for further details), signed by Judge William C Griesbach on January 23, 2007. (cc: all counsel)(Griesbach, William) 1:2006cv00799 Wisconsin Eastern District Court

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    ORDER GRANTING 23 MOTION for Reconsideration and the judgment is VACATED. IT IS FURTHER ORDERED that within 30 days of the date of this order respondent answer the petition. IT IS FURTHER ORDERED that unless respondent files a dispositive motion with its answer the parties shall abide by the following schedule regarding briefing (see attached order for further details), signed by Judge William C Griesbach on January 23, 2007. (cc: all counsel)(Griesbach, William) 1:2006cv00799 Wisconsin Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    Jordan v. Watters - Document No. 28

    Uploaded by

    Justia.com
    ORDER GRANTING 23 MOTION for Reconsideration and the judgment is VACATED. IT IS FURTHER ORDERED that within 30 days of the date of this order respondent answer the petition. IT IS FURTHER ORDERED that unless respondent files a dispositive motion with its answer the parties shall abide by the following schedule regarding briefing (see attached order for further details), signed by Judge William C Griesbach on January 23, 2007. (cc: all counsel)(Griesbach, William) 1:2006cv00799 Wisconsin Eastern District Court

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    of 2

    Jordan v. Watters Doc.

    28
    Case 1:06-cv-00799-WCG Filed 01/23/2007 Page 1 of 2 Document 28

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF WISCONSIN

    TERRY JORDAN,

    Petitioner,

    v. Case No. 06-C-799

    STEVE WATTERS,

    Respondent.

    ORDER

    Following some procedural wrangling, this matter has been remanded so that I may exercise

    my authority under Fed. R. Civ. P. 60(b)(1) to grant relief from the judgment entered in this case.

    As set forth previously, the case was dismissed on the ground that the plaintiff had failed to exhaust

    his state remedies. It now appears that petitioner has exhausted the applicable remedies as to the

    arguments he now presses. Accordingly, the petitioner’s motion for reconsideration is GRANTED

    and the judgment is VACATED.

    IT IS FURTHER ORDERED that within 30 days of the date of this order respondent

    answer the petition, complying with Rule 5 of the Rules Governing § 2254 Cases, and showing

    cause, if any, why the writ should not issue.

    FURTHER, IT IS ORDERED that unless respondent files a dispositive motion with its

    answer the parties shall abide by the following schedule regarding the filing of briefs on the merits

    of petitioner’s claims: (1) petitioner shall have 45 days following the filing of respondent’s answer

    within which to file his brief (if any) in support of his petition; (2) respondent shall have 45 days

    Dockets.Justia.com
    Case 1:06-cv-00799-WCG Filed 01/23/2007 Page 2 of 2 Document 28

    following the filing of petitioner’s initial brief (or the date it was due) within which to file a brief

    in opposition; and (3) petitioner shall have 30 days following the filing of respondent’s opposition

    brief within which to file a reply brief, if any. If respondent files a dispositive motion and

    supporting brief with its answer, this briefing schedule will be suspended and the briefing schedule

    will instead be as follows: (1) petitioner shall have 30 days following the filing of respondent’s

    dispositive motion and supporting initial brief within which to file a brief in opposition; and (2)

    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. 7.1(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 statements of facts,

    exhibits, and affidavits.

    SO ORDERED this 23rd day of January, 2007.

    s/ William C. Griesbach
    William C. Griesbach
    United States District Judge

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