Bach v. Milwaukee County Circuit Court et al

Filing 72

ORDER DENYING 37 Motion to Void State Court Order Regarding Transcripts. Signed by Magistrate Judge Nancy Joseph on 7/10/2013. (cc: all counsel, Plaintiff by USPS) (teb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MARGARET BACH,
Plaintiff,
v.

Case No. 13-CV-370

MILWAUKEE COUNTY CIRCUIT COURT,
Judge Jane Carroll presiding,
MILWAUKEE COUNTY,
ELIZABETH RUTHMANSDORFER,
LIFE NAVIGATORS,
DISABILITY RIGHTS WISCONSIN, INC.,
DEWEY MARTIN,
MOERTL WILKINS & CAMPBELL S.C.,
DENICE MADER, LYNN WAGNER,
MAUREEN McGINNITY,
FOLEY & LARDNER LLP,
CHRISTINE GABOR, KATIE DOMER,
EASTER SEALS OF SOUTHEAST WISCONSIN, INC.,
KRISTA BUCHHOLTZ,
WILSON ELSER MOSKOWITZ EDELMEN & DICKER LLP,
GARY STARK,
MILWAUKEE COUNTY MENTAL HEALTH COMPLEX,
SCOTT McCARDELL, BRIDGES LLC,
JULLIAN GOGGANS, and
MILWAUKEE POLICE DEPARTMENT,
Defendants.

ORDER ON MOTION TO VOID STATE COURT ORDER REGARDING TRANSCRIPTS

On June 24, 2013, the plaintiff, Margaret Bach, filed an expedited non-dispositive motion
asking this Court to void the order of Milwaukee County Judge Jane Carroll dated June 17, 2013 and
notify various court reporters that they must supply Bach with the transcripts for which she paid
them. (Docket # 37 at 3.) This Court, however, does not have jurisdiction or authority to order the

relief Bach requests. As was explained in this Court’s order on Bach’s motion to proceed in forma
pauperis (Docket # 22), federal courts are courts of limited jurisdiction. See, e.g., International Union
of Operating Engineers, Local 150, AFL-CIO v. Ward, 563 F.3d 276, 280 (7th Cir. 2009). In order for a
federal district court to entertain a case, jurisdiction must be authorized by the Constitution or by
statute. Turner/Ozanne v. Hyman/Power, 111 F.3d 1312, 1316 (7th Cir. 2009) (quotations and internal
marks omitted). More particularly, federal district and circuit courts are not courts of appeal for state
courts. Bach’s proper course of action to obtain the remedy she requests is to seek review in state
appellate court.
Therefore, IT IS HEREBY ORDERED that the plaintiff’s motion to void the state court
order regarding transcripts (Docket # 37) is DENIED.

Dated this 10th day of July, 2013, at Milwaukee, Wisconsin.

BY THE COURT
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

-2-