Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL S. BAREFIELD, SR., No. 2:24-cv-0945 CKD P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner is proceeding with an application for a writ of habeas corpus under 28 U.S.C. § 18 2254. The petition is submitted to the court for decision. On January 27, 2025, petitioner filed a 19 motion for release on his own recognizance pursuant to 18 U.S.C. § 3143. However, that statute 20 applies to federal prisoners, not California state prisoners. 21 The Ninth Circuit has “not yet decided whether district courts have the authority to grant 22 bail pending resolution of a habeas petition.” United States v. McCandless, 841 F.3d 819, 822 23 (9th Cir. 2016). However, assuming district courts have such authority, “[t]o qualify for pre- 24 decisional release from state prison pending a federal habeas petition, a petitioner [would have to] 25 show that the habeas petition has a high probability of success and that special circumstances 26 …