Shaw v. Renico

Filing 58

ORDER denying 49 Motion for Bond. Signed by District Judge Arthur J Tarnow. (CPic)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JEFFERY SHAW, Petitioner, v. SHERRI BURT, Respondent. / ORDER DENYING PETITIONER'S MOTION FOR BOND Petitioner Jeffery Shaw has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court held an evidentiary hearing on September 16, 2010 and is awaiting the filing of supplemental briefs. Now before the Court is Petitioner's "Motion for Bond." To receive bond pending a decision on the merits of a habeas corpus petition, a petitioner must show a substantial claim of law based on the facts surrounding the petition and the existence of "some circumstance making the [motion for bond] exceptional and deserving of special treatment in the interests of justice." Aronson v. May, 85 S. Ct. 3, 5 (1964); Dotson v. Clark, 900 F.2d 77, 79 (6th Cir. 1990). "There will be few occasions where a prisoner will meet this standard." Dotson, 900 F.2d at 79. Where the court finds no substantial claim that the petitioner is confined in violation of the Constitution, it need not reach the issue of whether exceptional circumstances exist which deserve special treatment in the interest of justice. Id. Because a habeas petitioner "is appealing a presumptively valid state conviction . . . it will indeed be the very unusual case where a habeas petitioner is admitted to bail prior to a decision on the merits in the habeas case." Lee v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993). Petitioner's Case Number: 02-CV-70870 HONORABLE ARTHUR J. TARNOW

motion fails to establish the existence of any extraordinary and exceptional circumstances which merit release on bond. Therefore, the Court denies the motion. Accordingly, IT IS ORDERED that Petitioner's "Motion for Bond" [dkt. #49] is DENIED.

S/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge Dated: September 21, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 21, 2010, by electronic and/or ordinary mail. S/Catherine A. Pickles Judicial Secretary