Pouncy v. Palmer

Filing 198

ORDER Denying Without Prejudice Petitioner's 158 Emergency Motion for Bond Pending Resolution of Habeas Claims and Based on Actual Innocence. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,

Case No. 13-cv-14695
Hon. Matthew F. Leitman

v.
CARMEN D. PALMER,
Respondent.
_________________________________/
ORDER DENYING WITHOUT PREJUDICE PETITIONER’S
EMERGENCY MOTION FOR BOND PENDING RESOLUTION
OF HABEAS CLAIMS AND BASED ON ACTUAL INNOCENCE (ECF #158)
Currently before the Court is Petitioner Omar Rashad Pouncy’s Emergency Motion
for Bond Pending Resolution of Habeas Claims and Based on Actual Innocence. (See ECF
#158). The motion is DENIED WITHOUT PREJUDICE. The Court is unwilling to
grant Pouncy bond at this time and in the current procedural posture of the case. The Court
is in the process of reviewing Pouncy’s claim of actual innocence – post-hearing briefing
on that issue is in process – and the Court will not release Pouncy on bond during that
review. If the Court resolves Pouncy’s actual innocence claim in his favor or otherwise
rules in his favor of the merits of any claim in his habeas petition, Pouncy may renew his
motion for bond at that time.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 7, 2018

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on September 7, 2018, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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