Okay thanks guys! I was just worried because it wasn't eating! I'm certain it is a garter snake. They are very common around here. It is either a common or a Butler's, most likely a common garter.

When I got home from work last night I put his head by the snake and I woke up this morning and he was cuddling around it hahaha, it was cute. It wasn't a a death grip, just a little cuddle. I have removed the mouse and just caught him another worm before I read this. I'll remove shortly if he doesn't take it.