Pouncy v. Palmer

Filing 97

ORDER Denying Petitioner's 96 Motion to Reduce Time to Appeal Order Granting Bond to Fourteen Days Per Respondent's Request. 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 PETITIONER’S MOTION TO REDUCE TIME TO
APPEAL ORDER GRANTING BOND TO FOURTEEN DAYS PER
RESPONDENT’S REQUEST (ECF # 96)
On January 11, 2016, this Court granted a conditional writ of habeas corpus
to Petitioner Omar Pouncy (“Petitioner”). (See ECF #76.1) The Court thereafter
entered an order granting Petitioner’s motion for release on bond (the “Bond
Order”). (See ECF #93.) This Court stayed the effect of the Bond Order for
twenty-one days. (See id.) Petitioner now moves the Court to reduce the length of
the stay of the Bond Order to fourteen days (the “Motion”). (See ECF #96.) The
Court DENIES the Motion.
The Court chose to stay the Bond Order for twenty-one days – even though
Respondent sought a stay of only fourteen days – because the Court concluded that
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The Court initially granted Petitioner relief on January 8, 2016. (See ECF #74.)
It then issued an Amended Opinion and Order on January 11, 2016, that corrected
two non-substantive errors in the Court’s initial ruling. (See ECF #76.)
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the United States Court of Appeals for the Sixth Circuit may require more than
fourteen days to complete a careful review of the Bond Order and the parties’
arguments in opposition to and support of that Order. The Court stands by that
conclusion.
Accordingly, IT IS HEREBY ORDERED that the Motion (ECF #96) is
DENIED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 14, 2016

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on March 14, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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