Opinion
Case No. 18-MC-0028
08-16-2018
In re: Motion for Extension of Time filed by LAVELLE JACKSON
ORDER
Lavelle Jackson, an inmate at New Lisbon Correctional Institution, has filed a letter in which he appears to request an extension of time to file a petition for a writ of habeas corpus under 28 U.S.C. § 2254 while he pursues certain state remedies. Presently, however, it appears that a district court does not have authority to grant an inmate additional time to commence a habeas case. At least one appellate court has held that district courts do not have authority to extend the statute of limitations in advance, see United States v. Leon, 203 F.3d 162, 164 (2d Cir. 2000), and the Seventh Circuit has implied the same, see Socha v. Boughton, 763 F.3d 674 (7th Cir. 2014) (referring to the filing of a motion for an extension of time rather than a full habeas petition as "a pleading error"); Carpenter v. Dittmann, No. 14-1282 (7th Cir. June 5, 2014) (affirming the district court's denial of a motion for extension of time to file a habeas petition because timeliness is an affirmative defense to be invoked by respondent). Thus, I cannot grant Jackson's request. If Jackson is concerned about the timeliness of his federal petition, he should file a bare-bones habeas petition that complies with Rule 2(c) of the Rules Governing § 2254 Cases and states his unexhausted claims as soon as possible. Once a petition is on file, the court may in its discretion grant him a stay and abeyance .
THEREFORE, IT IS ORDERED that Jackson's request for an extension of time is DENIED and this miscellaneous case is DISMISSED.
Dated at Milwaukee, Wisconsin, this 16th day of August, 2018.
s/ Lynn Adelman
LYNN ADELMAN
District Judge