Crownhart v. Smith et al

Filing 210

MINUTE ORDER denying 207 Applicant's Motion for Order to File a Writ of Personal Recognizance To Be Free From Bail of Parole as Denied, and denying 208 Applicant's Motion to File Under Fed.R.Civ.P.R. 11(b)(3) Pursuant to File Objection, by Magistrate Judge Kristen L. Mix on 4/9/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00692-PAB-KLM EARL CROWNHART, Applicant, v. LARRY REID, Warden, Respondent. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on two motions filed by Applicant [Docket Nos. 207 and 208] (the "Motions"). Both motions appear to request that the Applicant be released on bond pending the resolution of his habeas petition. IT IS HEREBY ORDERED that the Motions are DENIED. While the Court recognizes its authority to recommend that Applicant be released on bond pending a determination of his habeas petition, such a recommendation is only justified in "exceptional circumstances." Pfaff v. Wells, 648 F.2d 689, 693 (10th Cir. 1981); see Edwards v. Oklahoma, 412 F. Supp. 556, 559-60 (W.D. Okla. 1976) (noting that exceptional circumstances are akin to an emergency health issue). The Court is not persuaded that the evidence and argument presented by Applicant constitute a "demonstration of a clear case on the merits of the habeas petition." Pfaff, 648 F.2d at 693. Moreover, there are no exceptional circumstances here that would justify Applicant being granted bond pending the resolution of his petition. Dated: April 9, 2009