(HC) Garrett v. Moore ( 2023 )

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. ORDER DENYING PETITIONER’S SECOND MOTION FOR IMMEDIATE 14 SHAWN MOORE, RELEASE FROM CUSTODY 15 Respondent. (Doc. No. 31) 16 17 18 19 20 21 Petitioner Charles Devon Garrett, a state prisoner, is proceeding pro se on his Second 22 Amended Petition for writ of habeas corpus under 28 U.S.C. § 2254 filed on December 1, 2022. 23 (Doc. No. 24, SA Petition”). After screening, the Court issued an order on December 7, 2022 24 directing Respondent to respond to the SA Petition, but the response is not yet due. (Doc. No. 25 27). On February 1, 2023, Petitioner filed a second motion seeking immediate release on bail or 26 on his own recognizance pending the Court’s resolution of Petitioner’s SA Petition. (Doc. No. 27 31). The motion, with exhibits, totals 232 pages. After detailing the various alleged errors in 28 Petitioner’s underlying state criminal trial, Petitioner argues that “the material facts as a whole” 1 | constitute exceptional circumstances that warrant his release, and the “additional material facts in 2 | the [motion for release] coupled with the issues raised in Petitioner’s Second Amended Petition 3 | for writ of habeas corpus raises important and substantial constitutional questions . . . on which 4 | Petitioner has a high probability of success.” (Ud. at 13-16). 5 “Bail pending a decision in a habeas case is reserved for extraordinary cases involving 6 || special circumstances or a high probability of success.” Land v. Deeds, 878 F.2d 318, 318 (9th 7 | Cir. 1989). Respondent has not had an opportunity to respond to the SA Petition. Upon review 8 || of the motion, the Court finds Petitioner has not demonstrated special circumstances warranting 9 | his release or a high probability of success on the merits of his petition. 10 Accordingly, it is ORDERED: 11 Petitioner’s motion for release from custody prior to the Courts’ ruling on the SA Petition 12 | (Doc. No. 31) is DENIED. 13 Dated: _ February 2, 2023 Mihaw. Wh. foareh Zaskth 15 HELENA M. BARCH-KUCHTA 6 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28