Maus v. Foster

Filing 71

ORDER signed by Chief Judge William C Griesbach on 10/9/19 denying 69 Motion for Transfer. (cc: all counsel and via US Mail to Brian Maus) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRIAN A. MAUS,
Petitioner,
v.

Case No. 14-C-1393

WARDEN GARY BOUGHTON,
Respondent.
ORDER DENYING MOTION FOR TRANSFER
Brian Maus filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on
November 3, 2014. The case was assigned to Judge Charles N. Clevert, who entered an order and
judgment denying the petition on February 21, 2017. Maus appealed, and the case is currently
pending before the United States Court of Appeals for the Seventh Circuit. Petitioner Maus has
now filed a motion to transfer his custody from Gary Boughton, at the Wisconsin Secure Program
Facility (WSPF) in Boscobel to the warden at the Jackson Correctional Institution, Kettle Morraine
Correctional Institution, or Prairie du Chein Correctional Institution. In support of his request,
Maus argues that his classification warrants a prison with a lower security classification.
Maus’ motion is denied. A federal district court has no authority to transfer state prisoners
among the various correctional facilities operated by the state. The Federal Rules of Appellate
Procedure limit the right of a state custodian of a prisoner to transfer custody of the prisoner while
a federal habeas corpus proceeding is pending. Fed. R. App. P. 23. But except for this limitation,
the rules give no power or authority to a district court to transfer a prisoner on the prisoner’s own
request. Accordingly, Maus’ motion, Dkt. [69], is denied.
SO ORDERED this

9th

day of October, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court