RUIZ v. CADY

No. 81-1164.

660 F.2d 337 (1981)

Frank J. RUIZ, Petitioner-Appellee, v. Elmer O. CADY, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1981.


Attorney(s) appearing for the Case

Michael R. Klos, Atty. Gen. of Wis., Madison, Wis., for petitioner-appellee.

Charles Bennett Vetzner, State Public Defender, Madison, Wis., for respondent-appellant.

Before FAIRCHILD, Senior Circuit Judge, MARKEY, Chief Judge, and CUDAHY, Circuit Judge.


FAIRCHILD, Senior Circuit Judge.

This appeal raises the question whether the district court abused its discretion in granting Frank Ruiz' petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. That petition was granted, without determination of the merits, because the Wisconsin attorney general failed to comply with a court order requiring that copies of the state court transcript of Ruiz' trial be filed within twenty days. The district court...

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