William Kerr v. Michael Thurmer, No. 09-1032 (7th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 28, 2011.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 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, On Remand from the Supreme Court of the United States No. 2:04-cv-01153-CNC v. MICHAEL A. DITTMANN, Respondent-Appellee. Charles N. Clevert, Jr., Chief Judge ORDER 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. No. 09-1032 Page 2 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 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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