Washington, Rodney v. Boughton, Gary

Filing 56

ORDER denying 50 Motion to Stay ; denying 54 Motion for District Court to Grant Writ of Habeas Corpus and for Immediate Release ; denying 55 Motion for This Court to Grant Petitioner Bail or Personal Recognizance. The clerk of court is directed to close this case. Signed by District Judge William M. Conley on 8/20/2018. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RODNEY WASHINGTON,
Petitioner,

ORDER

v.
GARY BOUGHTON, Warden,
Wisconsin Secure Program Facility,

14-cv-208-wmc

Respondent.
In its mandate back to this court, the Court of Appeals for the Seventh Circuit
directed that a writ of habeas corpus be issued releasing petitioner Rodney Washington
from custody “unless the State within 90 days of issuance of this court’s mandate initiates
steps to retry Washington.” Washington v. Boughton, 884 F.3d 692, 705 (7th Cir. 2018).
On August 8, 2018, the court directed respondent to confirm that the State of Wisconsin
initiated steps for petitioner’s retrial. In response, the State confirmed that it initiated his
retrial in Milwaukee County Case No. 2000CF310 on July 12, 2018, and that a new jury
trial is now scheduled for October 22, 2018. (Dkt. #53.)
In the meantime, petitioner filed his own motions, asking this court stay all state
court proceedings and release him while he pursues a petition for certiorari to the Supreme
Court of the United States.

(Dkts. #50, 54, 55.)

Washington does not, however,

articulate on what basis he would pursue a petition to the Supreme Court beyond a general
belief that he should not be retried, which runs directly contrary to the basis for his original
petition for writ of habeas corpus: that he should have received the opportunity to defend
himself. Regardless, this court’s only remaining jurisdiction on remand by the Seventh

Circuit was to grant the original petition unless the State initiated a retrial. The State now
having done that, this court lacks both the authority and jurisdiction to do more.
Accordingly, petitioner’s motion will be denied and this case will be closed.

ORDER
IT IS ORDERED that:
1. Petitioner Rodney Washington’s motions (dkts. ##50, 54, 55) are DENIED.
2. The clerk of court is directed to close this case.
Entered this 20th day of August, 2018.
BY THE COURT:
/s/
_________________________________
WILLIAM M. CONLEY
District Judge

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