DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
223175P.pdf 12/19/2022 Michael Tisius v. David Vandergriff
U.S. Court of Appeals Case No: 22-3175
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Erickson, Author, with Shepherd and Stras, Circuit Judges]
Prisoner case - Habeas. 18 U.S.C. Section 3599 does not permit the
district court to compel state officials to take action in furtherance of
state clemency proceedings; the court joins other circuits in holding that
Sec. 3599 is a funding statute, not a mechanism that grants federal courts
authority to oversee and compel state officials to act in furtherance of
clemency proceedings; the district court's order compelling state
officials to transport or facilitate testing for the purposes of Tisius's
clemency cases is vacated.