(HC) Johnson v. Superior Court of the State of California for Kings County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DERRICK L. JOHNSON, ) Case No.: 1:19-cv-00976-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION SCOTT KERNAN, Secretary of California ) REGARDING PETITIONER’S APPLICATION Department of Corrections and Rehabilitation, et al., ) FOR RELEASE ON BAIL PENDING ) DETERMINATION OF PETITION Respondents. ) ) 17 Petitioner filed a Petition for Writ of Habeas Corpus on July 3, 2019. (Doc. 1.) In the petition, Petitioner requested bail pending the determination of the petition. (Doc. 1 at 2.) DISCUSSION The Ninth Circuit Court of Appeals has not yet determined whether a district court has the authority to release a state prisoner on bail pending resolution of a habeas proceeding. In re Roe, 257 F.3d 1077, 1079-1080 (9th Cir. 2001). However, even assuming a district court has this power, the exercise of such…