[DOWNLOAD] "Davis v. Hudson" by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Davis v. Hudson
- Author : Arizona Supreme Court
- Release Date : January 04, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Pro se appellant Donald W. Davis, Jr., seeks a certificate of appealability to challenge the dismissal of his habeas corpus action under 28 U.S.C. § 2241. On appeal, Davis asserts that the district court erred in rejecting his argument that he is in custody in violation of the Constitution of the United States because his transfer from a state-operated prison in Wisconsin to a privately-operated prison in Oklahoma violated his rights under the Eighth, Thirteenth, and Fourteenth Amendments. In particular, he contends Wisconsin law creates a liberty interest in not being transferred to an out-of-state prison without the prisoners consent. Although a Wisconsin lower court found a similar argument persuasive, the Wisconsin Court of Appeals has held otherwise. Adopting its holding as controlling state law, we conclude that Wisconsin law, like the federal Constitution and statutes, does not automatically prohibit non-consensual interstate transfer of prisoners, and therefore creates no cognizable constitutional liberty interest under the circumstances of this case. Because Davis advances only frivolous arguments in support of his legal position, we decline to grant a certificate of appealability, deny his motion to proceed in forma pauperis, and dismiss this appeal.