Vandervere v. Tassler

Summary

The United States District Court for the Eastern District of Wisconsin reviewed Timothy G. Vandervere’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court found that dismissal was not plainly warranted and ordered the respondent to answer or move to dismiss within 60 days, with subsequent briefing deadlines.

Holdings

1. The petition could not be dismissed at screening because it was not plainly apparent that Vandervere was not entitled to relief.
2. The respondent was ordered either to answer the petition and file a brief in opposition or to move to dismiss it within 60 days.

Questions Presented

1. Whether the petition should be dismissed at the Rule 4 screening stage because it plainly appears that Vandervere is not entitled to federal habeas relief.
2. Whether the petition plausibly alleges exhaustion of state remedies, avoids the bar on successive federal habeas petitions, satisfies the applicable limitations period, and contains at least one cognizable claim sufficient to require a response.

Disposition

other