Farquhar v. Conner

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40219 USDC No. 5:01-CV-216 GEORGE D. FARQUHAR, Petitioner-Appellant, versus N. LEE CONNER, Warden Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas -------------------- September 19, 2002 Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* George D. Farquhar, federal prisoner # 28074-077, appeals the district court’s denial of his motion for release pending the district court’s disposition of his petition filed pursuant to 28 U.S.C. § 2241. Farquhar has not raised substantial constitutional claims upon which he has a high probability of success or shown that 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40219 - 2 - Cir. 1974). The district court’s denial of Farquhar’s motion is AFFIRMED. Farquhar has also filed a motion in this court for release pending this court’s review of the district court’s decision not to release him pending that court’s disposition of his § 2241 petition. Given that review of the district court’s decision not to release Farquar is no longer pending, the instant motion is DENIED as moot.