FREDERICK G. LAND, PETITIONER-APPELLANT,
v.
GEORGE DEEDS, WARDEN AND BRIAN MCKAY, ATTORNEY GENERAL OF THE STATE OF NEVADA, RESPONDENTS-APPELLEES
PER CURIAM:
Frederick Land appeals from a magistrate’s order denying bail pending a decision on his petition for a writ of habeas corpus under 28 U.S.C. § 2254. This is neither an appeal from a final judgment, 28 U.S.C. § 1291, nor a valid interlocutory appeal under the collateral order exception. See Flanagan v. United States, 465 U.S. 259, 265, 104 S.Ct. 1051, 1054-55, 79 L.Ed.2d 288 (1984); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949).
Consequently, this appeal is dismissed for lack of jurisdiction, see Woodcock v. Donnelly, 470 F. 2d 93 (1st Cir.1972), Glynn v. Donnelly, 470 F. 2d 95 (1st Cir.1972), and we construe this appeal from a non-appealable order as a petition for a writ of mandamus. See Unified Sewerage Agency v. Jelco, Inc., 646 F. 2d 1339, 1343 (9th Cir.1981) (an invalid appeal may be construed as a mandamus petition).
Bail pending a decision in a habeas case is reserved for extraordinary cases involving special circumstances or a high probability of success. See Aronson v. May, 85 S.Ct. 3, 5, 13 L.Ed.2d 6 (1964); Galante v. Warden, 573 F. 2d 707, 708 (2d Cir.1977). Land has not demonstrated that he is entitled to release under this standard and therefore the district court’s denial of bail in this case is not clearly erroneous. Bauman v. United States District Court, 557 F. 2d 650, 654-55 (9th Cir.1977). We therefore deny the request for bail or release pending a decision on the petition for a writ of habeas corpus.
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (U.S. 1949)
- Flanagan v. United States, 465 U.S. 259 (U.S. 1984)
- Bauman v. United States Dist. Court, 557 F.2d 650 (9th Cir. 1977)
- Unified Sewerage Agency OF Wash. Cnty. v. Jelco Inc., 646 F.2d 1339 (9th Cir. 1981)
- Glynn v. Donnelly, 470 F.2d 95 (1st Cir. 1972)
- Woodcock v. Donnelly, 470 F.2d 93 (1st Cir. 1972)
- Carmine Galante v. The Warden, 573 F.2d 707 (2d Cir. 1977)