Skip to main content

Emergency application

Release while appeal continues

Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township

Denied
No. 24A1135Bail applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Third Circuit

What did the Court do?

The Court denied the request on June 4, 2025 for release while the case continues.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 23 days after filing

What's being asked

Daryl Cook asks the Supreme Court for release or bail while review of his case continues. His case is against Tom McGinley, superintendent of the State Correctional Institution at Coal Township. The record does not explain the dispute or say what the Third Circuit ruled.

What the Court did

The Court refused Cook’s emergency request for release or bail; Justice Alito denied (refused) the application. The docket says the Court did not publish how the justices voted; this emergency ruling does not decide who wins the underlying case.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 300 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 23 days after filing.

What it means

This temporary emergency ruling is not a final decision on the underlying case. The record names the Third Circuit as the lower court but does not describe what proceedings continue there. No related Supreme Court case on the main question is listed, and the application was not set for argument.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1135. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026