Gonzalez-Valencia v. Schmidt
Gonzalez-Valencia v. Schmidt
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MIGUEL GONZALEZ-VALENCIA,
Petitioner, v. Case No. 19-C-1686 SHERIFF DALE J. SCHMIDT, Respondent.
ORDER Petitioner Miguel Gonzalez-Valencia, who is a noncitizen and currently detained at Dodge
Detention Center, filed an emergency petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on November 14, 2019. Gonzalez-Valencia requested that the court issue an emergency writ of habeas corpus to temporarily release him so he can have emergency gallbladder surgery at his own expense. The court held a telephone conference on November 20, 2019, to discuss the petition. For the reasons set forth on the record, Gonzalez-Valencia’s petition for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241is DENIED. THEREFORE, IT IS ORDERED that this petition is summarily dismissed pursuant to
Rule 4 of the Rules Governing § 2254 Cases. The Clerk is directed to enter judgment dismissing the case. A certificate of appealability will be DENIED. I do not believe that reasonable jurists would believe that the petitioner has made a substantial showing of the denial of a constitutional right in his application for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. See Slack v. McDaniel,
529 U.S. 473, 484(2000). The petitioner is advised that the judgment entered by the Clerk is final. A dissatisfied party may appeal this court’s decision to the Court of Appeals for the Seventh Circuit by filing in this court a notice of appeal within 30 days of the entry of judgment. See Fed. R. App. P. 3, 4. In the event the petitioner decides to appeal, he should also request that the court of appeals issue a
certificate of appealability. SO ORDERED at Green Bay, Wisconsin, this 20th day of November, 2019. s/ William C. Griesbach William C. Griesbach, District Judge United States District Court
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