Courtney v. Scutt

Filing 22

ORDER denying 21 Motion for Bond. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

BRIAN KEITH COURTNEY, SR., #444293,
Petitioner,
Civil No. 09-10842-BC
Honorable Thomas L. Ludington

v.
DEBRA L. SCUTT,
Respondent.
_______________________________/

ORDER DENYING PETITIONER’S MOTION FOR RELEASE ON BOND
Petitioner Brian Keith Courtney, Sr., a Michigan prisoner, seeks the issuance of a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his plea-based convictions for
conducting a criminal enterprise, Mich. Comp. Laws § 750.159i(1), and obstruction of justice, Mich.
Comp. Laws § 750.505. This matter is before the Court on Petitioner’s motion for release on bond
pending the resolution of his habeas petition. In support of his request, Petitioner states that his case
has been pending for a lengthy period, he is neither a flight risk nor a danger to the community, and
his habeas claims have merit.
The United States Court of Appeals for the Sixth Circuit has stated that to receive bond
pending a decision in a federal habeas case,
prisoners must be able to show not only a substantial claim of law based on the facts
surrounding the petition but also the existence of ‘some circumstance making [the
motion for bail] exceptional and deserving of special treatment in the interests of
justice.’ Aronson v. May, 85 S. Ct. 3, 5; 13 L. Ed. 2d 6, 9 (1964) [additional citations
omitted]. There will be few occasions where a prisoner will meet this standard.
Lee v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993) (quoting Dotson v. Clark, 900 F.2d 77, 79 (6th Cir.
1990)). Federal district courts may grant bail when granting the writ. Sizemore v. District Ct., 735

F.2d 204, 208 (6th Cir. 1984). However, to grant bond prior to making a determination on the merits
is extraordinary. See Moore v. Egeler, 390 F. Supp. 205, 207 (E.D. Mich. 1975) (Feikens, J.).
Having considered the matter, the Court is not persuaded that the interests of justice require that
Petitioner be released on bond pending the resolution of this case.
Accordingly, it is ORDERED that Petitioner’s motion for release on bond [Dkt. # 21] is
DENIED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: May 3, 2011
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney of record herein by electronic means and upon
Brian Courtney, #444293 at Lakeland Correctional Facility, 141 First
Street, Coldwater, MI 49036 by first class U.S. mail on May 3, 2011.
s/Tracy A. Jacobs
TRACY A. JACOBS

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