Biese v. United States of America

Filing 2

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 7/8/2014. 1 2255 Motion DISMISSED for laying improper venue. The Court declines to issue certficate of appealability. (cc: all counsel, via US mail to Benjamin Biese at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
-vs-

Case No. 14-C-726

BENJAMIN JOHN BIESE,
Movant.
DECISION AND ORDER
Recently, Benjamin Biese filed a motion for relief under 28 U.S.C. § 2255,
which the Court then transferred to the Western District of Wisconsin. Case No. 14-C602. Judge Crabb quickly denied Biese’s motion, so Biese decided to file another
motion here in the Eastern District. This motion is DISMISSED for laying improper
venue. § 2255(a); 28 U.S.C. § 1406(a). The Clerk of Court is directed to enter
judgment accordingly. To the extent that it is necessary, the Court will not issue a
certificate of appealability. Rule 11, Rules Governing Section 2255 Proceedings.
Dated at Milwaukee, Wisconsin, this 8th day of July, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge