GIBSON v. PUCKETT, (E.D.Wis. 2001)

LYNN ADELMAN, United States District Judge.

Petitioner Gibson sought a writ of habeas corpus to prevent prison authorities from transferring him to private, out-of-state facilities which, he alleged, did not comply with the Americans with Disabilities Act (ADA). I found that Gibson adequately alleged a wrong that could be addressed in a habeas corpus action, but that Gibson had not exhausted available state court remedies. On appeal, the Seventh Circuit found that it was improper for the action to be brought as a habeas action, and vacated the judgment. The mandate from the Seventh Circuit was filed in this court April 2, 2001 with instructions.

Pursuant to the Seventh Circuit's instructions, IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE to refiling under 42 U.S.C. § 1983.