Johnson v. Rivard

Filing 18

ORDER denying 16 Motion for Immediate Release. Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRANCE JOHNSON,
Petitioner,

Case No. 14-14319
HON. AVERN COHN

v.
JEFFREY WOODS,
Respondent.
_________________________________/

ORDER DENYING PETITIONER’S MOTION FOR IMMEDIATE RELEASE
(Doc. 16)
I.
This is a habeas case under 28 U.S.C. § 2254. Before the Court is Petitioner’s
motion for immediate release, in which he seeks an order releasing him on bond
pending resolution of his petition. For the reasons that follow, the motion will be denied.
II.
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.” 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. Petitioner’s motion fails to establish
the existence of any extraordinary and exceptional circumstances which merit release
on bond.

III.
Accordingly, Petitioner’s motion for immediate release is DENIED.
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: January 7, 2016
Detroit, Michigan

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