Crouthers v. Wallace

Full title: LEE R. CROUTHERS, Petitioner, v. PAM WALLACE, Respondent

Court: United States District Court, E.D. Wisconsin

Date published: Oct 18, 2006

Case No. 05-C-1138 (E.D. Wis. Oct. 18, 2006)

Opinion

Case No. 05-C-1138.

October 18, 2006

ORDER

AARON GOODSTEIN, Magistrate Judge

Lee R. Crouthers ("Crouthers") is a prisoner incarcerated pursuant to a Wisconsin state court judgment who has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Instead of filing an answer, the respondent filed a motion to dismiss the petition as untimely under 28 U.S.C. § 2244(d), which was subsequently granted by this court on June 12, 2006.

On July 12, 2006, Crouthers filed a motion seeking a preliminary injunction. After a district court has denied a habeas petition, generally the petitioner's only option is requesting a certificate of appealability in order to undertake an appeal. See 28 U.S.C. § 2253; Fed.R.App.P. 22(b). Thus, Crouthers' motion for a preliminary injunction is baseless.

IT IS THEREFORE ORDERED that Crouthers' motion for a preliminary injunction is denied.