United States Seventh Circuit

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Barnes v. Black, 08-1703

In a negligence suit arising from an automobile accident, in which the plaintiff had, after the accident but before trial, been confined to state prison, appeal of denial of habeas relief requiring state prison officials to deliver petitioner to federal court for trial of the civil suit is dismissed where: 1) the denial of relief was not a final and appealable order with respect to the civil suit; and 2) the habeas appeal could not proceed without a certificate of appealability, which would not be available to petitioner.

Appellate Information

  • Submitted 08/21/2008
  • Decided 09/12/2008
  • Published 09/12/2008

Judges

  • POSNER, Circuit Judge., Before POSNER, ROVNER, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Dennis E. Barnes (submitted), Fox Lake, WI, pro se.

  • For Appellees:
  • Michael A. Walsh, Attorney (submitted), Erickson, Davis, Murphy, Johnson, Griffith & Walsh, Decatur, IL, Richard Briles Moriarty, Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.
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