Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAGHVENDRA SINGH, No. 2:23-cv-02804-EFB (HC) Petitioner, v. ORDER AND FINDNGS AND

RECOMMENDATIONS

JEFF MACOMBER, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed two motions seeking an order compelling state officials to release him. ECF Nos. 5, 6. It is an open question in the Ninth Circuit whether district courts may grant provisional release from incarceration to a habeas petitioner pending resolution of the petition. United States v. McCandless, 841 F.3d 819, 822 (9th Cir. 2016); In re Roe, 257 F.3d 1077 (9th Cir. 2001). If courts do possess such authority, provisional release is reserved for extraordinary cases involving special circumstances or a high probability of success. McCandless, 841 F.3d at 822. Petitioner argues that he was convicted of a “non-crime,” but he fails to make a cogent 26 …