Heleva v. Brooks et al

Filing 124

ORDER denying ptnr's motion 93 for consideration & jdgmt on Doc. 86. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/19/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DANIEL ARTHUR HELEVA,
Petitioner
v.
WARDEN MRS M. BROOKS, and
PA STATE ATTORNEY GENERAL,
Respondents

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CIVIL NO. 1:07-CV-1398
(Chief Judge Conner)

ORDER
AND NOW, this 19th day of June, 2018, upon consideration of petitioner’s
motion (Doc. 93) “for Consideration & Judgment on Doc. #86”, and after review of
Document 86 titled “Motion/ Brief in Support of Bail”, wherein petitioner moved for
release from custody while he litigated his claims, (see Doc. 86), and the court
noting that, as an inmate serving a criminal sentence, petitioner was required to
make a demanding showing to justify release from custody pending litigation of his
habeas corpus petition, and the court further noting that “a preliminary grant of
bail is an exceptional form of relief in a habeas corpus proceeding,” Lucas v.
Hadden, 790 F.2d 365, 367 (3d Cir. 1986), and it being well-settled that with respect
to bail requests by inmate habeas petitioners, a habeas petitioner must: “(1) make
out a clear case for habeas relief on the law and facts, or (2) establish that
exceptional circumstances exist warranting special treatment, or both,” Id.
(citations omitted), and the court finding that petitioner’s bail motion correctly

identified this exacting legal standard, but did not meet this demanding standard of
proof justifying release pending the resolution of his habeas petition, it is hereby
ORDERED that the motion (Doc. 93) is denied.1

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

To the extent that petitioner seeks further review of the record, the court
notes that the entire record was considered in ruling on the habeas petition.
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