*1 Case 3:24-cv-00277-SLH-KAP Document 12 Filed 05/19/25 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA OJI WILLIAMS, : Petitioner : v. : Case No. 3:24-cv-277-KAP COLETTE PETERS, DIRECTOR BOP, : MICHAEL UNDERWOOD, WARDEN, : F.C.I. LORETTO, :
Respondents : Memorandum Order Petitioner Williams submitted a “Prayer for Relief” at ECF no. 7 that was docketed as MOTION for Immediate Release. It is best understood as a motion for bail pending decision on his underlying habeas petition. Bail pending decision in a habeas case is permitted where there is a showing of likely success on the merits and extraordinary circumstances. See Landano v Rafferty, 970 F.2d 1230, 1239 (3d Cir.1992). The conjunction means that failure to show either one of the elements requires the denial of the motion for bail. The Report and Recommendation I filed today explains the lack of merit to the petition. What was docketed as a motion at ECF no. 7 is denied.
The parties have the right to appeal this nondispositive Order under Fed.R.Civ.Proc. 72(a) and 28 U.S.C.§ 636(b)(1)(A) within 14 days. DATE: May 19, 2025
Keith A. Pesto, United States Magistrate Judge
Notice by ECF to counsel of record and by U.S. Mail to: Oji Williams, Reg. No. 41216-509 F.C.I. Loretto P.O. Box 1000 Cresson, PA 16630
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