Shaw v. McQuiggin
Filing
21
OPINION and ORDER denying 19 Motion for Bond. Signed by District Judge Denise Page Hood. (JOwe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DESMOND SHAW,
Petitioner,
v.
Civil No. 2:11-CV-11537
HONORABLE DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE
GREG McQUIGGIN,
Respondent,
/
OPINION AND ORDER DENYING MOTION FOR BOND
On October 13, 2011, this Court summarily dismissed petitioner’s writ of
habeas corpus, on the ground that it was barred by the one year statute of
limitations contained in 28 U.S.C. § 2244(d)(1). See Shaw v. McQuiggin, No.
2011 WL 4889101 (E.D. Mich. October 13, 2011). Pending before the Court is
petitioner’s motion for bond. For the reasons stated below, the motion for bond is
DENIED.
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 and
exceptional circumstances justifying special treatment in the interest of justice.
Lee v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993)(quoting Dotson v. Clark, 900 F.2d
77, 79 (6th Cir. 1990)); See also Nash v. Eberlin, 437 F. 3d 519, 526, n. 10 (6th
Cir. 2006). There will be few occasions where a habeas petitioner meets this
1
standard. Dotson, 900 F. 2d at 79. Federal courts may grant bail when granting
the writ. See Sizemore v. District Court, 735 F. 2d 204, 208 (6th Cir. 1984). By
implication, a federal court should not grant bail under other circumstances. In
light of the fact that this Court summarily dismissed petitioner’s habeas petition on
the ground that it had not been filed in compliance with the one year limitations
period contained in 28 U.S.C. § 2244(d)(1), petitioner has failed to establish that
he would prevail on the merits of his claims, thus, he is not entitled to release on
bail. See e.g. Nieves v. Thomas, 256 F. Supp. 2d 169, 171 (S.D.N.Y. 2003).
IT IS HEREBY ORDERED That the Motion for Bond [Dkt. # 19] is
DENIED.
S/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE
Dated: November 1, 2011
I hereby certify that a copy of the foregoing document was mailed to Desmond
Shaw, 565614,chippewa Correctional Facility, 4269 W. M-80, Kincheloe, MI
49784 and the attorneys of record on this date, November 1, 2011, by electronic
and/or ordinary mail.
S/Julie Owens
Case Manager, (313) 234-5160
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?