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DUCKETT v. KEOHANE

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 25, 1989

PHILLIP E. DUCKETT, Petitioner
v.
P. W. KEOHANE, Warden, UNITED STATES PAROLE COMMISSION, Respondents

The opinion of the court was delivered by: CALDWELL

ORDER

 WILLIAM W. CALDWELL, UNITED STATES DISTRICT JUDGE

 THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

 Phillip E. Duckett, a prisoner at FCI-Lewisburg, Pennsylvania, incarcerated pursuant to District of Columbia law, filed this habeas corpus action challenging the refusal to apply the District of Columbia Good Time Credits Act of 1986, D.C. Code ยง 24-428 et seq. to his parole case.

 At the time of service of the petition upon the respondents, as noted in our order of August 8, 1989, only two courts had addressed this issue. The application of the Act to prisoners incarcerated only in District of Columbia jails was upheld in Jackson v. Thornburgh, 702 F. Supp. 9 (D. D.C. 1988) but struck down in Moss v. Clark, 698 F. Supp. 640 (E.D. Va. 1988).

 Since that time, however, as noted in respondents' brief, Judge Hilton of the Eastern District of Virginia, in an unpublished memorandum opinion, has concluded that the Act is constitutional. See Morris-El v. Clark, No. 88-0688-AM (E.D. Va. July 5, 1989). Most significantly, the Fourth Circuit Court of Appeals has also reversed the district court decision in Moss, the only decision favorable to plaintiff's position. See Moss v. Clark, 886 F.2d 686 (4th Cir. 1989).

 We have carefully reviewed all these opinions and we must conclude that the Act does not violate petitioner's right to equal protection or due process. See U. S. Const. Amend V. Those opinions upholding the Act would also seem to be in general accord with the approach the Third Circuit would take to the issue. See Jamieson v. Robinson, 641 F.2d 138 (3d Cir. 1981).

 Accordingly, this 25th day of October, 1989, upon consideration of the petition for a writ of habeas corpus, it is ordered that:

 

1. The petition is hereby denied.

 

2. The Clerk of Court shall close this file.

19891025

© 1992-2004 VersusLaw Inc.



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