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PUERTAS v. OVERTON

No. CIV.A.03-40157.

272 F.Supp.2d 621 (2003)

Joseph Edmund PUERTAS, Petitioner, v. William OVERTON, Director, Michigan Department of Corrections, Nick Ludwick, Warden, Egeler Reception and Guidance Center, Michael Bouchard, Sheriff, Oakland County, Respondents.

United States District Court, E.D. Michigan, Southern Division.

July 17, 2003.

Attorney(s) appearing for the Case

Elizabeth L. Jacobs, Detroit, Robyn B. Frankel, Bloomfield Hills, for Joseph Edmund Puertas, petitioner.

John S. Pallas, Special Assist. Atty. General, William G. Pierson, Oakland County Corporation Counsel, Pontiac, for William Overton, Director, Michigan Department of Corrections, Nick Ludwick, Warden, Egeler Reception and Guidance Center, Michael Bouchard, Sheriff, Oakland County, respondents.

MEMORANDUM OPINION AND ORDER

GADOLA, District Judge.

Before the Court is Petitioner's motion for bond pending review of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Court shall grant Petitioner's motion for bond.

I. BACKGROUND

Petitioner Joseph E. Puertas is 76 years old and is currently being treated for bladder cancer and heart disease. He was convicted of six counts...

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