Lee v. Glebe
Filing
18
ORDER denying petitioner's 12 Motion for release on bail; striking petitioner's 14 Motion for producation of documents; and striking petitioner's 15 Motion for Hearing. A copy of this Order has been mailed to petitioner today. Signed by Hon. Mary Alice Theiler.(GB)
01
02
03
04
05
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
06
07 DONALD MORRIS LEE,
08
09
10
11
)
)
Petitioner,
)
)
v.
)
)
PATRICK GLEBE,
)
)
Respondent.
)
____________________________________ )
CASE NO. C14-5309-RSL-MAT
ORDER RE: PETITIONER’S
PENDING MOTIONS
12
13
This is a federal habeas action proceeding under 28 U.S.C. § 2254. Currently pending
14 before the Court are petitioner’s motions for release, for production of documents, and for an
15 evidentiary hearing. Respondent has filed a brief in opposition to petitioner’s motions. The
16 Court, having reviewed petitioner’s motions, respondent’s response thereto, and the balance of
17 the record, hereby finds and ORDERS as follows:
18
(1)
Petitioner’s motion for release on bail (Dkt. 12) is DENIED. Bail for a prisoner
19 seeking post-conviction release is reserved for "extraordinary cases involving special
20 circumstances or a high probability of success." United States v. Mett, 41 F.3d 1281, 1282 (9th
21 Cir. 1994); Land v. Deeds, 878 F.2d 318 (9th Cir. 1989) (per curium). Special circumstances
22 include a "serious deterioration of health while incarcerated and unusual delay in the appeal
ORDER RE: PETITIONER’S PENDING MOTIONS
PAGE -1
01 process." Mett, 41 F.3d at 1282 n. 4, citing Salerno v. United States, 878 F.2d 317 (9th Cir.
02 1989).
03
In this case, petitioner fails to establish such special circumstances. Petitioner also
04 fails to demonstrate a high probability of success on the merits of his federal habeas claims.
05 Accordingly, petitioner's request for release pending resolution of this collateral attack on his
06 state court conviction is without merit and must be denied.
07
(2)
Petitioner’s motions for production of documents (Dkt. 14) and for an
08 evidentiary hearing (Dkt. 15) are STRICKEN. Petitioner seeks an Order from this Court
09 directing various individuals and entities to produce documents which petitioner believes are
10 necessary for him to effectively litigate this federal habeas action. Petitioner also asks that the
11 Court hold an evidentiary hearing in this matter.
Petitioner’s requests are premature.
12 Respondent has yet to file an answer to petitioner’s federal habeas petition. Respondent will
13 submit in conjunction with his answer the portions of the state court record which he deems
14 relevant to resolution of petitioner’s federal habeas claims. Only after the Court reviews
15 respondent’s answer, and the portions of the state court record submitted with the answer, will it
16 be able to assess whether an evidentiary hearing is required and whether discovery should be
17 authorized. Petitioner’s motions for production of documents and for an evidentiary hearing
18 are therefore stricken without prejudice to petitioner renewing the motions at a later date.
19
DATED this 6th day of June, 2014.
20
A
21
Mary Alice Theiler
Chief United States Magistrate Judge
22
ORDER RE: PETITIONER’S PENDING MOTIONS
PAGE -2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?