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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DOUGLAS JACKSON, 

 Petitioner, Civil No. 2:15-CV-11622 

 UNITED STATES DISTRICT JUDGE 

v. GERSHWIN A. DRAIN 

LES PARISH, 

 Respondent, 

____________________________________/ 

 

OPINION AND ORDER GRANTING PETITIONER’S EMERGENCY 

MOTION TO STOP TRANSFER DURING THE PENDENCY OF HABEAS 

CORPUS PROCEEDINGS [#38] AND DIRECTING PETITIONER TO 

REFILE THE MOTION TO COMPEL MEANINGFUL ACCESS TO THE 

COURTS [#35]. 

 Before the Court are Petitioner’s Motion to Compel Meaningful Access to the 

Courts [#35], filed on September 13, 2018, and his Emergency Motion to Stop 

Transfer During the Pendency of Habeas Corpus Proceedings [#38], filed on 

September 27, 2018. For the reasons that follow, the Court will GRANT Petitioner’s 

Emergency Motion to Stop Transfer During the Pendency of Habeas Corpus 

Proceedings [#38]. However, the Court will direct Petitioner to refile the Motion to 

Compel Meaningful Access to the Courts [#35]. 

A. The Emergency Motion to Prevent Transfer During the Pendency of 

Habeas Corpus Proceedings is GRANTED. 
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Petitioner asks the Court to stop Respondent from transferring Petitioner to a 

different prison facility while his habeas petition is pending. The Court will grant 

this request. 

Federal Rule of Appellate Procedure 23(a) provides: 

Pending review of a decision in a habeas corpus proceeding commenced 

before a court, justice, or judge of the United States for the release of a 

prisoner, the person having custody of the prisoner must not transfer custody 

to another unless a transfer is directed in accordance with this rule. When, 

upon application, a custodian shows the need for a transfer, the court, 

justice, or judge rendering the decision under review may authorize the 

transfer and substitute the successor custodian as a party. 

 

Fed. R. App. P. 23(a). In light of this Rule, an order of the Court is normally 

required for the transfer of a prisoner who has a pending habeas petition. See Fed. 

R. App. P. 23(a); Cohen v. United States, 593 F.2d 766, 767, n. 2 (6th Cir. 1979). 

In fact, Rule 23(a) “was designed in part to preserve the district judge’s power over 

the physical custody of the petitioner by prohibiting the custodian from transferring 

custody of the prisoner to another, without the authorization of the ‘court, justice or 

judge rendering the decision.’” Jago v. U.S. Dist. Court, N. Dist. of Ohio, E. Div. 

at Cleveland, 570 F. 2d 618, 626 (6th Cir. 1978). This suggests that a district court 

judge retains jurisdiction to prohibit the transfer of a prisoner with a habeas 

petition pending before the district court. See Jago, 570 F. 2d at 626. 

Accordingly, the Emergency Motion to Prevent Transfer During Pendency of 

Habeas Corpus Proceedings [#38] is GRANTED. Respondent shall not transfer 
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Petitioner to another prison facility during the pendency of this petition unless he 

first obtains permission from this Court. 

B. The Court Directs Petitioner to Refile the Motion to Compel 

Meaningful Access to the Courts. 

Due to poor photocopy quality, the Court is not able to fully assess the claims 

in Petitioner’s Motion to Compel Meaningful Access to the Courts [#35]. Thus, the 

Court directs Petitioner to refile the Motion, making sure the entire Motion is legible 

and written in dark ink. 

IT IS SO ORDERED. 

Dated: October 29, 2018 

 s/Gershwin A. Drain 

 HON. GERSHWIN A. DRAIN 

 United States District Court Judge 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing document was mailed to the attorneys 

of record on this date, October 29, 2018, by electronic and/or ordinary mail. 

s/Teresa McGovern 

Case Manager