Eric Smiley v. Christopher Stevens

Summary

The United States District Court for the Eastern District of Wisconsin determined that Eric Smiley’s Section 2254 habeas corpus petition was not plainly meritless because he plausibly exhausted state remedies, raised a cognizable claim, and filed within the applicable limitations period. The court ordered the respondent to answer or move to dismiss and established subsequent briefing deadlines.

Holdings

1. The petition could not be dismissed at screening because it did not plainly appear that Smiley was not entitled to relief.
2. The respondent was required either to answer the petition within 60 days or move to dismiss within that period.

Questions Presented

1. Whether the petition should be dismissed at the Rule 4 screening stage because it plainly appeared that Smiley was not entitled to federal habeas relief.
2. Whether the respondent should be ordered to answer the petition or otherwise respond.

Disposition

other