McNaught v. USA, No. 1:2008cv02998 - Document 13 (S.D.N.Y. 2009)
Court Description: MEMORANDUM OPINION AND ORDER #97465: In this case, the petitioner has failed to show that extraordinary circumstances exist or that the habeas petition raises substantial claims. Therefore, the application for bail is denied. Counsel for the petitio ner is directed to explore any available means to allow the petitioner to attend any state court proceeding where the petitioner's appearance is required. The respondent is directed to provide the Court with a report on the state of the petition er's medical treatment at the MCC by May 8, 2009. The respondent should also provide a statement by the relevant medical personnel with respect to what, if any, further medical treatment is necessary for the petitioner. (Signed by Judge John G. Koeltl on 4/29/2009) (jpo) Modified on 5/1/2009 (mro).
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fI·us6s SONY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: -----r+-'- - 1 " - DATE FILED: ;'17~707 ROBERT MCNAUGHT, Petitioner, 08 Civ. 2998 (JGK) - against - MEMORANDUM OPINION AND ORDER UNITED STATES OF AMERICA, Respondent. JOHN G. KOELTL, District Judge: The Court received the attached pro se letter from the petitioner dated April 22, 2009. The letter raises three issues. First, the petitioner requests to be released on bail pending the decision of his petition for a writ of habeas corpus pursuant to 28 U.S.C. the Court. However, § 2255, which is currently pending before "\a habeas petitioner should be granted bail only in unusual cases, or when extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective. "' 226 (2d Cir. 2003) Mapp v. Reno, 241 F.3d 221, (quoting Ostrer v. United States, 584 F.2d 594, 596 n.1 (2d Cir. 1978». "The petitioner must demonstrate that the habeas petition raises substantial claims and that extraordinary circumstances exist that make the grant of bail necessary to make the habeas remedy effective." quotation marks and alterations omitted). 1 Id. (internal In this case, the petitioner has failed to show that extraordinary circumstances exist or that the habeas petition raises substantial claims. Therefore, the application for bail is denied. Second, the petitioner requests permission to attend a state proceeding to be held on May 15, 2009 relating to his state parole status. Counsel for the petitioner is directed to explore any available means to allow the petitioner to attend any state court proceeding where the petitioner's appearance is required. Third, the petitioner represents that he is not receiving needed medical care at the MCC. The respondent is directed to provide the Court with a report on the state of the petitioner's medical treatment at the MCC by May 8, 2009. The respondent should also provide a statement by the relevant medical personnel with respect to what, if any, further medical treatment is necessary for the petitioner. SO ORDERED DATED: New York, New York April 29, 2009 hn G. Koeltl ates District Judge 2
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