Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL S. BAREFIELD, SR., No. 2:24-cv-0945 CKD P Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 Petitioner is proceeding with an application for a writ of habeas corpus under 28 U.S.C. § 2254. The petition is submitted to the court for decision. On January 27, 2025, petitioner filed a motion for release on his own recognizance pursuant to 18 U.S.C. § 3143. However, that statute applies to federal prisoners, not California state prisoners. The Ninth Circuit has “not yet decided whether district courts have the authority to grant bail pending resolution of a habeas petition.” United States v. McCandless, 841 F.3d 819, 822 (9th Cir. 2016). However, assuming district courts have such authority, “[t]o qualify for pre- decisional release from state prison pending a federal habeas petition, a petitioner [would have to] show that the habeas petition has a high probability of success and that special circumstances 26 …