(HC) Rodriguez v. Fisher ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PEDRO RODRIGUEZ, Case No. 21-cv-1443-MMA (LL) 12 Plaintiff, ORDER DENYING PETITIONER’S 13 v. MOTION FOR TEMPORARY RESTRAINING ORDER AND 14 OFFICER FISHER, PRELIMINARY INJUNCTION FOR 15 Defendant. BAIL 16 [Doc. No. 24] 17 18 On August 9, 2021, Pedro Rodriguez (“Petitioner”), preceding pro se, filed a 19 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. No. 1 (“Petition”). 20 Petitioner now moves for a temporary restraining order and preliminary injunction for 21 bail. Doc. No. 24. Because Petitioner seeks an order directing his release from custody 22 on bail, the Court construes it as a request for bail pending resolution of the habeas 23 corpus proceedings. 24 In his motion, Petitioner asserts that he “has a strong likelihood of success on the 25 merits . . . , equal protection of the law under Cal Const I § 32 et seq, and exigent 26 circumstances exist as the Petitioner is continually exposed to COVID-19.” Doc. No. 24 27 at 1. As one means of support, Petitioner argues that new law and certain court cases 28 | ||impact his sentence and eligibility for parole, thereby causing constitutional violations. 2 || See generally Petition at 16-21. 3 The Ninth Circuit has not decided whether district courts have the authority to 4 ||release a habeas corpus petitioner on bail pending habeas corpus proceedings resolution. 5 re Roe, 257 F.3d 1077, 1080 (9th Cir. 2001). However, the Ninth Circuit notes that, 6 || assuming a district court does have “the authority to release a state prisoner on bail 7 || pending resolution of habeas proceedings,” it is “reserved for extraordinary cases 8 involving special circumstances or a high probability of success.” Jd.; Land v. Deeds, 9 F.2d 318, 318 (9th Cir. 1989). 10 Regardless of the Court’s authority, Petitioner does not satisfy either of the Ninth 11 || Circuit’s factors. Having thoroughly reviewed the record, the Court finds Petitioner fails 12 meet the high burden of demonstrating a high probability of success or special 13 || circumstances warranting bail. Accordingly, the Court DENIES Petitioner’s motion. 14 IT IS SO ORDERED. 15 Dated: December 3, 2021 16 Miku ln-(diskle 17 HON. MICHAEL M. ANELLO 18 United States District Judge 19 20 21 22 23 24 25 26 27 28