IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20970
Summary Calendar
WILLIAM LOGAN KENNEDY,
Petitioner-Appellant,
versus
NEIL ADLER; UNITED STATES OF AMERICA,
Respondents-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-2124
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April 9, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
William Logan Kennedy appeals the district court’s denial of
his motion for release on bond pending the disposition of his 28
U.S.C. § 2241 petition. Release on bail should be granted to a
prisoner pending post-conviction habeas review “only when the
petitioner has raised substantial constitutional claims upon which
he has a high probability of success, and also when extraordinary
or 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). Examples of “extraordinary
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-20970
-2-
circumstances” include the serious deterioration of the
petitioner’s health while incarcerated, short sentences for
relatively minor crimes so near completion that extraordinary
action is essential to make collateral review truly effective, and
extraordinary delay in processing a habeas petition. Id. at n.1.
Regardless of the merits of Kennedy’s claims, upon which the
district court has not yet ruled, Kennedy has failed to show the
existence of any “extraordinary or exceptional circumstances”
necessitating his release on bond to make the post-conviction
remedy effective. Because Kennedy’s allegations thus do not
justify a grant of release on bail pending determination of the
merits of his 28 U.S.C. § 2241 motion, see Calley, 496 F.2d at 703,
the district court did not err by denying Kennedy’s motion for
bond.
AFFIRMED.