Torres v. Yankton FPC, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
GERARDO AGUILAR TORRES,
Petitioner,
vs.
J.W. COX, IN HIS CAPACITY AS
WARDEN OF YANKTON FEDERAL
PRISON CAMP;
Respondent.
4:21-CV-04055-KES
ORDER
INTRODUCTION
Pending before the court is a pro se habeas petition pursuant to 28
U.S.C. § 2241 filed by petitioner Gerardo Aguilar Torres, an inmate at the
Yankton Federal Prison Camp in Yankton, South Dakota. See Docket No. 1. In
his petition, Mr. Torres admits he has not yet exhausted his administrative
remedies provided by the Bureau of Prisons (“BOP”). Id. On April 8, 2021, his
petition was served upon the Respondent. Respondent has not yet filed its
response nor is it yet due.
Mr. Torres now files an emergency motion to be released pending the
respondent’s response to his petition. See Docket No. 5. Courts do have some
discretion to grant bail to a habeas petitioner pending a decision on the merits,
but the petitioner must show a substantial claim of law based on the facts and
some circumstance making the request for bail exceptional and deserving of
special treatment in the interests of justice. See, e.g. Dotson v. Clark, 900 F.2d
77, 79 (6th Cir. 1990). Cf. Martin v. Solem, 801 F.2d 324, 329 (8th Cir. 1986)
(holding court has inherent power to grant bail to a state prisoner pending a
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decision on the merits of his habeas petitioner if he shows a substantial federal
constitutional claim that presents a clear case on the law and a clear, readily
apparent, case on the facts as well as the existence of some circumstance
which makes his request for bail exceptional in the interests of justice.)
Prisoners are rarely granted bail under this discretionary power of the court.
Martin, 801 F.2d at 329.
Mr. Torres has not shown either of these factors. He cites to the
increased risk of Covid infection among inmates, but if true, this is a
circumstance attendant to every federal prisoner. Mr. Torres’ circumstances
are not exceptional and deserving of special treatment as compared to all other
federal prisoners. Also, respondent has yet to address the merits of Mr. Torres’
petition, so it is unknown whether he has presented a substantial claim of law
based on the facts.
Based on the foregoing, it is
ORDERED that Mr. Torres’ emergency motion for release (Docket No. 7)
is denied.
DATED April 9, 2021.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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