From Casetext: Smarter Legal Research

KALASHO v. REPUBLIC OF IRAQ

United States District Court, E.D. Michigan, Southern Division
Jul 27, 2007
Civil Action No. 06-11030 (E.D. Mich. Jul. 27, 2007)

Opinion

Civil Action No. 06-11030.

July 27, 2007


ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM


Before the Court is Plaintiff's Petition for Writ of Habeas Corpus Ad Testificandum [Docket #46].

By separate Report and Recommendation, the undersigned has recommended that a default judgment enter against Defendant Republic of Iraq, and that the District Court conduct a hearing on damages, pursuant to Fed.R.Civ.P. 55(b). The matter is pending before the District Judge, who may accept or reject, in whole or in part, the Report and Recommendation. At this juncture, therefore, the request to bring the Plaintiff (who is a state prison inmate) to this Court to appear at the Rule 55(b) hearing is premature.

In addition, Plaintiff asks that the writ direct that the Michigan Department of Corrections (MDOC) transfer him to a Detroit prison so that counsel will have more convenient access. That is not the purpose of a writ of habeas corpus ad testificandum, nor does the Court have the authority to order the MDOC to transfer an inmate from one prison to another. The Court only has the authority, under 28 U.S.C. § 2241(c)(5), to order that the inmate be brought to court.

If the District Judge orders a hearing, the Plaintiff may request a writ of habeas corpus ad testificandum. At this time, however, Plaintiff's petition [Docket #46] is DENIED WITHOUT PREJUDICE.

SO ORDERED.


Summaries of

KALASHO v. REPUBLIC OF IRAQ

United States District Court, E.D. Michigan, Southern Division
Jul 27, 2007
Civil Action No. 06-11030 (E.D. Mich. Jul. 27, 2007)
Case details for

KALASHO v. REPUBLIC OF IRAQ

Case Details

Full title:TAHRIR SHAKIR KALASHO, et al., Plaintiffs, v. REPUBLIC OF IRAQ, et al.…

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Jul 27, 2007

Citations

Civil Action No. 06-11030 (E.D. Mich. Jul. 27, 2007)

Citing Cases

Harris v. Kellogg, Brown Root Services, Inc.

There has been no discontinuity of statehood.Kalasho v. Republic of Iraq, 2007 WL 2683553, at *6 (E.D.Mich.,…