#1 A habeas in Camden Federal Court # 08251#2 A habeas in the Supreme Court # 099470Rule 36 of the Supreme Court states that Marty can’t be moved whilethere is an open habeas.
Bureau of Prisons Program statement 5100.08 Chapter 7 Page 12 top paragraph (Adocument that controls what the BOP can and cannot do with regard to prisoncustody statutes see posting) states the following…
Under Rule 23(a) of the Federal Rules of Appellate Procedures, aninmate may not be transferred, pending review of a Habeas Corpus proceeding commenced before a court, without the approval of thecourt. Approval for transfer should be sought through the U.S. Attorney or Regional Counsel in cases where a Habeas Corpus petition is pending.
Furthermore rule 23 (a) of the Federal Rules of Appellate Procedure saysthe same thing (also attached)
FRAP 23. CUSTODY OR RELEASE OFA PRISONER IN A HABEAS
CORPUS PROCEEDING
(a)
Transfer of Custody Pending Review.
Pendingreview of a decision in a habeas corpus proceedingcommenced before a court, justice, or judge of theUnited States for the release of a prisoner, the personhaving custody of the prisoner must not transfer custody to another unless a transfer is directed inaccordance with this rule. When, upon application, acustodian shows the need for a transfer, the court, justice, or judge rendering the decision under reviewmay authorize the transfer and substitute the successor custodian as a party.
They did not go to the judge because they know that the judge would say no andthat it would open them up to scrutiny and more bad press. Instead they tried toslide this past everyone on a holiday weekend. They are breaking the law. Later if they get caught, they will just say they made a mistake. Bottom Line,
Marty needsyour help.
We have gotten him a lawyer, but we are in a race against time to stopthem from moving him.Please Call email and fax the following people and tell them you know what they aredoing and demand that they stop. Try to get through personally but if you can’tthen at least
leave a voice mail.
This is a numbers game we need to let thesefolks know that we are watching and we won’t stand for it!
Warden Donna Zikefoose
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