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)

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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

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