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Brandon v. Roper

United States District Court, E.D. Missouri, Eastern Division
Jun 15, 2007
Case No. 4:04CV00882 RWS (AGF) (E.D. Mo. Jun. 15, 2007)

Opinion

Case No. 4:04CV00882 RWS (AGF).

June 15, 2007


MEMORANDUM AND ORDER


The only argument raised by Respondent in its response to the Court's Order to Show Cause why Petitioner should not be granted habeas relief pursuant to 28 U.S.C. § 2254 is that the petition was untimely filed. It appears to the Court, in light of recent Eighth Circuit law, that this argument may be without merit. See Pierson v. Dormire, 484 F.3d 486, 495 (8th Cir. 2007) (holding that a Missouri state prisoner's judgment becomes final within the meaning of one-year limitations period for federal habeas cases 90 days after his conviction is affirmed on direct appeal, even if he has not filed a motion for transfer to the Missouri Supreme Court).

Accordingly,

IT IS HEREBY ORDERED that Respondent shall have twenty days from the date of this Order to address the merits of the claims raised by Petitioner, as well as any procedural issues Respondent wishes to present. Petitioner shall have twenty days thereafter to file a traverse. The Court will then rule on all issues, including the statute of limitations issue. No extensions of time shall be granted.


Summaries of

Brandon v. Roper

United States District Court, E.D. Missouri, Eastern Division
Jun 15, 2007
Case No. 4:04CV00882 RWS (AGF) (E.D. Mo. Jun. 15, 2007)
Case details for

Brandon v. Roper

Case Details

Full title:JERRY BRANDON, Petitioner, v. DON ROPER, Respondent

Court:United States District Court, E.D. Missouri, Eastern Division

Date published: Jun 15, 2007

Citations

Case No. 4:04CV00882 RWS (AGF) (E.D. Mo. Jun. 15, 2007)