(HC) Garrett v. Moore ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES DEVON GARRETT, Case No. 1:22-cv-00899-JLT-HBK (HC) 12 Petitioner, 13 v. 14 SHAWN MOORE, ORDER DENYING PETITIONER’S MOTION FOR RELEASE FROM CUSTODY 15 Respondent. (Doc. No. 14) 16 17 18 19 Petitioner Charles Devon Garrett, a state prisoner proceeding pro se, has pending a 20 petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). Before the 21 Court is Petitioner’s “motion for release on bail or own recognizance pending resolution of” his 22 Petition. (Doc. No. 14). In support of this motion, Petitioner generally argues that his underlying 23 claims constitute exceptional circumstances that warrant his release. (Id. at 3). “Bail pending a 24 decision in a habeas case is reserved for extraordinary cases involving special circumstances or a 25 high probability of success.” Land v. Deeds, 878 F.2d 318, 318 (9th Cir. 1989). The Court finds 26 Petitioner has not demonstrated special circumstances warranting his release or a high probability 27 of success on the merits of his petition. 28 1 Accordingly, it is ORDERED: 2 Petitioner’s motion for release from custody prior to the Courts’ ruling on the petition 3 | (Doc. No. 14) is DENIED. 4 ° Dated: _ October 7, 2022 Coo. Zh. fare Hack 6 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28