Moore v. Mackie
Filing
39
OPINION and ORDER Denying 30 Motion for Bond. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MATTHEW MOORE,
Petitioner,
Civil No. 4:16-CV-10874
HONORABLE LINDA V. PARKER
v.
THOMAS MACKIE,
Respondent.
____________________________/
OPINION AND ORDER DENYING MOTION FOR BOND (ECF NO. 30)
Petitioner Matthew Moore, presently incarcerated at the Oaks Correctional
Facility in Manistee, Michigan, filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254, (ECF No. 1), as well as a pro se supplemental
motion in support of the petition, (ECF No. 21). Now before the Court is
Petitioner’s Motion for Bond. (ECF No. 30.)
“In order to receive bail pending a decision on the merits, prisoners must be
able to show not only a substantial claim of law based on the facts surrounding the
petition but also the existence of ‘some circumstance making [the motion for bail]
exceptional and deserving of special treatment in the interests of justice.’” Lee v.
Jabe, 989 F.2d 869, 871 (6th Cir. 1993) (alteration in original) (quoting Dotson v.
Clark, 900 F.2d 77, 79 (6th Cir. 1990)). Because a habeas petitioner “is appealing
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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.” Id. Petitioner’s motion fails to demonstrate the existence of any
extraordinary and exceptional circumstance which merits release on bond.
Accordingly, the Motion for Bond is denied.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: March 31, 2020
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