Terence D. Maclin, Jr. v. Denita R. Ball

Summary

The United States District Court for the Eastern District of Wisconsin overruled Terence D. Maclin Jr.’s objection and adopted the magistrate judge’s recommendation. The court denied his 28 U.S.C. § 2241 habeas petition, concluding that his Wisconsin speedy-trial claim was not cognizable as a state-law claim and that his federal claim sought dismissal rather than an order requiring trial. The court dismissed the case and declined to issue a certificate of appealability.

Holdings

1. A pretrial state detainee may use § 2241 to pursue a speedy-trial claim only to force the state to bring him to trial, not to obtain dismissal of the pending state criminal charges.
2. An alleged violation of Wisconsin's statutory speedy-trial law is an error of state law and does not provide a basis for federal habeas relief under § 2241.
3. Maclin was not entitled to federal habeas relief based on his request for a signature bond or release because his § 2241 claim was not cognizable in the form presented and he sought dismissal rather than an order compelling a state trial.
4. A certificate of appealability should not issue because reasonable jurists would not debate that Maclin was not entitled to federal habeas relief.

Questions Presented

1. Whether a federal court may grant § 2241 habeas relief to a pretrial state detainee who seeks dismissal of pending state criminal charges based on an alleged speedy-trial violation.
2. Whether an alleged violation of Wisconsin's statutory speedy-trial requirements is cognizable in federal habeas review.
3. Whether Maclin's request for a signature bond or release warranted relief under § 2241.
4. Whether a certificate of appealability should issue.

Disposition

dismissed