Calhoun v. Schaldach et al

Filing 176

ORDER directing clerk to issue writ of habeas corpus ad testificandum for the attendance of David Schaldach at trial beginning 10/12/09. Signed by Chief Judge Barbara B. Crabb on 10/5/09. (krj)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------S H ER R Y CALHOUN, ORDER Plaintiff, 0 8 - cv -1 9 4 - b b c v. D AV ID SCHALDACH, CHARLES ADMUNDSON and JOHN CRAM, D efendan ts. --------------------------------------------D efendant David Schaldach has filed a petition for a writ of habeas corpus ad testificandum for the trial in this case beginning on October 12, 2009. In addition, he requ ests permission to wear street clothes during the trial and to appear without restraints d urin g proceedings. Although I approved the proposed order filed by defendant granting these requests, dkt. #35, two clarifications are needed. First, I overlooked a misunderstanding in the defendant's proposed order, which is that the United States Marshals are responsible for transporting defendant to this court. D efendan t is in the custody of the Wisconsin Department of Corrections. Even when a state prisoner appears at a federal trial, the state retains custody over that prisoner during trial 1

pro ceedings. Thus, it is state officials who are responsible for transporting defendant to this cou rt. S econ d, although I have approved defendant's request to wear street clothes, it is co un sel's responsibility to provide him with those clothes. Any clothes that defendant w ishes to wear during trial should be brought to the Marshal's office in Madison by Friday, O ctober 9, so that they may be screened for security purposes.

OR DER IT IS ORDERED that the Clerk of Court is directed to issue a writ of habeas corpus ad testificandum for the attendance of defendant David Schaldach (#530099) at trial beginn ing on October 12, 2009. Defendant is currently incarcerated at the Dodge

C orr ection al Institution in Waupun, Wisconsin. Defendant should arrive at the courthouse no later than 8:00 a.m. E n tered this 5t h day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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