Howard v. Chase

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

JOSEPH L. HOWARD, Petitioner, v. Case No. 25-CV-1062 DAISY CHASE, Respondent.

ORDER ON THE PETITION FOR A WRIT OF HABEAS CORPUS

Joseph L. Howard, who is incarcerated pursuant to the judgment of a Wisconsin Circuit Court, filed a petition for a writ of habeas corpus.

Rule 4 of the Rules Governing Section 2254 Cases states: If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.

If the petition is not dismissed, the judge must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may order.

Howard has pursued relief in the Wisconsin Court of Appeals and Wisconsin Supreme Court (ECF No. 1 at 2) and therefore has plausibly exhausted his state court remedies. See 28 U.S.C. § 2254(b)(1)(A). There is no indication that he has previously sought federal habeas relief. See 28 U.S.C. § 2244(b). His petition contains at least one plausibly cognizable claim. And it appears that he filed his petition within one year of the Wisconsin Supreme Court denial of his request for review. (ECF Nos. 1 at 3; 1-1 at 1); see also 28 U.S.C. § 2244(d); Sup. Ct. R. 13; Anderson v. Litscher, 281 F.3d 672, 675 (7th Cir. 2002). Consequently, the court is unable to say that it is plainly apparent that the petitioner is not entitled to relief.

The respondent shall answer the petition.

The Clerk of Court shall promptly serve the respondent by service of a copy of the petition and this order upon the State of Wisconsin Attorney General.

No later than 60 days after this order, the respondent shall answer the petition in accordance with Rule 5 of the Rules Governing Section 2254 Cases.

Howard shall then submit a brief in support of his petition no later than 28 days thereafter. The respondent shall submit a brief in opposition no later than 28 days thereafter. Howard may reply no later than 21 days thereafter.

Alternatively, the respondent may move to dismiss Howard’s petition no later than 60 days after this order. In the event the respondent moves to dismiss the petition, Howard shall respond to that motion no later than 28 days thereafter.

The respondent may then reply no later than 28 days thereafter.

Unless the court determines that additional proceedings are necessary, this shall conclude the briefing. The court will then resolve the petition on the written record.

All of the petitioner’s filings with the court shall be mailed to the following address: Clerk of Court Jefferson Court Building S. Jefferson St - Room 102 Green Bay, WI 54301-4541 DO NOT MAIL ANYTHING DIRECTLY TO CHAMBERS.

The petitioner should also retain a personal copy of each document.

The petitioner is further advised that the failure to comply with all deadlines in this matter may have serious consequences, which may include the loss of certain rights or the dismissal of this action.

In addition, the petitioner must immediately notify the Clerk of Court of any change of address. Failure to do so could result in orders or other information not being timely delivered, thus affecting the legal rights of the parties.

SO ORDERED.

Dated at Green Bay, Wisconsin this 23rd day of July, 2025.

s/ Byron B. Conway BYRON B. CONWAY United States District Judge