Court denied petitioner's pro se habeas petition for an earlier parole hearing for lack of jurisdiction. Court held that granting or denying parole is discretionary. A parole hearing date is beyond the US Constitution nor does it change the fact, duration, or execution of a prisoner's sentence, and thus does not implicate federal courts' § 2254 jurisdiction.
Agnew v. Kauffman, No. 4:20-CV-810 (MWB), 2020 WL 2556930 (M.D. Pa. May 20, 2020)
DETAILS
Decision
Date
5/20/2020
Practice Area
Criminal (State Charges)
Relief Requested
Parole Hearing, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-810-MWB
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
State Prison, Unknown
Name of Facility
SCI Huntingdon
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Drug Conviction - Decision and docket do not make clear precisely.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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