William R. Kerr v. Michael A. Dittmann

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted April 27, 2012
Decided May 30, 2012
Before
MICHAEL S. KANNE, Circuit Judge
DIANE P. WOOD, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 09-1032
WILLIAM R. KERR,
Petitioner-Appellant,
v.
MICHAEL A. DITTMANN,
Respondent-Appellee.
On Remand from the Supreme Court
of the United States
No. 2:04-cv-01153-CNC
Charles N. Clevert, Jr., Chief Judge
O R D E R
After the district court’s decision denying William Kerr’s petition for a writ of
habeas corpus, this court vacated its judgment and remanded the case for Kerr to
develop his factual claims. Kerr v. Thurmer, 639 F.3d 315 (7th Cir. 2011). Respondent
then filed a petition for a writ of certiorari with the United States Supreme Court, which
granted the petition, vacated our judgment, and remanded for reconsideration in light
of Lafler v. Cooper, 132 S. Ct. 1376 (2012). Pursuant to Circuit Rule 54, the parties have
now filed a joint statement discussing what action they believe to be appropriate. They

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No. 09-1032 Page 2
have indicated that no further action in this court is needed at this time, and thus that
the case can simply be remanded to the district court for further proceedings consistent
with Lafler. We agree with that position, and so we hereby order the case REMANDED for
this purpose.

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