Summary
applying Calley standard to denial of bail pending determination of a state prisoner's § 2254 petition without evaluating merits of claims
Summary of this case from Alcocer-Roa v. United StatesOpinion
No. 18-20531
10-01-2018
REGINALD NELSON, Petitioner-Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 4:17-CV-2409 Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------
Reginald Nelson appeals the district court's denial of his motion for release pending resolution of a 28 U.S.C. § 2254 application. Release was proper if Nelson "raised substantial constitutional claims upon which he has a high probability of success" and "extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective." Calley v. Callaway, 496 F.2d 701, 702 (5th Cir. 1974). Extraordinary circumstances exist, for example, where there has been a "serious deterioration of the petitioner's health while incarcerated"; where a short sentence for a relatively minor crime is "so near completion that extraordinary action is essential to make collateral review truly effective"; and possibly where there has been an "extraordinary delay in processing a habeas corpus petition." Id. at 702 n.1.
We need not address the merits of Nelson's claims, which remain pending before the district court, because he has not demonstrated extraordinary or exceptional circumstances that necessitate his release. See Calley, 496 F.2d at 702. Accordingly, the district court did not abuse its discretion by denying Nelson's motion for release without a hearing. The district court's order is AFFIRMED. To the extent Nelson seeks to challenge the denial of his motions for appointment of counsel, he has not appealed those orders.