(HC) Morales-Ramirez v. Arviza ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEOBARDO MORALES-RAMIREZ, Case No. 1:23-cv-00711-HBK (HC) 12 Petitioner, 13 v. ORDER DENYING PETITIONER’S MOTION FOR RELEASE FROM CUSTODY 14 M. ARVIZA (Doc. No. 6) 15 Respondent. 16 17 18 Pending before the Court is Petitioner’s motion requesting release on bail pending 19 resolution of his first amended petition filed on June 23, 2023. (Doc. No. 6, “Motion”). 20 Petitioner is a federal prisoner who is proceeding pro se on his first amended petition for writ of 21 habeas corpus which was filed under 28 U.S.C. § 2241 on May 23, 2023. (Doc. No. 4). In 22 support of this Motion, Petitioner generally argues that he should be released because he is 23 entitled to “statutory good conduct time” and earned time credits pursuant to the First Step Act of 24 2018, and therefore has "served more time than [he] was supposed to.” (Id. at 2-4). 25 “Bail pending a decision in a habeas case is reserved for extraordinary cases involving 26 special circumstances or a high probability of success.” Land v. Deeds, 878 F.2d 318, 318 (9th 27 Cir. 1989). The Court finds Petitioner has not demonstrated special circumstances warranting his 28 release or a high probability of success on the merits of his petition. Furthermore, although the 1 | Court has directed Respondent to file a response to the amended petition, Respondent’s response 2 | is not yet due. (See Doc. No. 5, May 30, 2023 Order affording Respondent sixty (60) days to 3 | respond). 4 Accordingly, it is ORDERED: 5 Petitioner’s motion for release from custody prior to the Courts’ ruling on the petition 6 | (Doc. No. 6) is DENIED. 4 | Dated: __June 29, 2023 Mihaw. □□□ foareA Zacks 9 HELENA M. BARCH-KUCHTA 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28