Peoples v. Director, TDCJ-CID

• Court: District Court, E.D. Texas
• Decided: August 9, 2024
• Docket: 1:23-cv-00086
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RAYMOND REGINALD PEOPLES, JR. §

VS. § CIVIL ACTION NO. 1:23-cv-86 DIRECTOR, TDCJ-CID § MEMORANDUM OPINION AND ORDER Petitioner Raymond Reginald Peoples, Jr., an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion asking that he be released on bail (doc. #16). Discussion In order to obtain bail pending review of a habeas petition, a petitioner must show that he

is raising substantial constitutional claims that have a high probability of success, and also that “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); see also Watson v. Godwin, 709 F. App’x 311, 312 (5th Cir. 2018) (applying Calley to a § 2254 petition). In light of the deferential standard of review applicable to habeas petitions, a review of the Petition does not indicate Petitioner asserts grounds for review with a high probability of success. Awan v. Davis, 806 F. App’x 326, 326 (5th Cir. 2020). Nor does the Petition present exceptional circumstances which would make granting bail necessary to make habeas relief effective. As a

result, Petitioner’s motion for release on bail is without merit. ORDER For the reasons set forth above, Petitioner’s motion for release on bail is DENIED. SIGNED this the 9th day of August, 2024.

Christine L Stetson UNITED STATES MAGISTRATE JUDGE