Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BERKERY v. UNITED STATES PAROLE COMM'N

February 9, 1998

JOHN C. BERKERY
v.
UNITED STATES PAROLE COMMISSION



The opinion of the court was delivered by: SHAPIRO

 Norma L. Shapiro, J.

 February 9, 1998

 Petitioner John C. Berkery ("Berkery"), proceeding pro se, seeks reconsideration of the court's December 31, 1997 Order denying his petition for writ of mandamus. For the reasons stated below, Berkery's motion will be denied.

 BACKGROUND

 Berkery, who began a nine year term of special parole on June 12, 1993, filed a petition for writ of mandamus compelling the United States Parole Commission (the "Commission") to hold a hearing on early termination of his special parole.

 By Order dated December 31, 1997, the court held Berkery had no right to a hearing until June, 1998, five years after he began serving his term of special parole. The court also granted the Commission's motion to file exhibits in support of its opposition to a writ of mandamus under seal for in camera inspection.

 On January 5, 1998, upon sua sponte motion for reconsideration of the court's Order granting the Commission's motion to file exhibits under seal for in camera review, the court issued a Rule to Show Cause and scheduled a hearing on whether the court should release to Berkery redacted copies of the exhibits filed under seal.

 That same day, Berkery filed a notice of appeal of the court's December 31, 1997 Order. Upon learning of the court's Rule to Show Cause hearing, Berkery withdrew his appeal.

 At the hearing held on January 14, 1998, Berkery stated he thought the court's sua sponte motion for reconsideration applied to both the Commission's motion for leave to file exhibits under seal for in camera inspection and his petition for writ of mandamus; he withdrew his notice of appeal based on that misunderstanding.

 By Order dated January 14, 1998, the court directed the Commission to release to Berkery redacted copies of the exhibits filed under seal in support of its opposition to a writ of mandamus. On January 20, 1998, Berkery filed the present motion for reconsideration of the court's December 31, 1997 Order denying his petition for writ of mandamus.

 DISCUSSION

 I. Timeliness of Berkery's Motion for Reconsideration

 "Motions for reconsideration or reargument shall be served and filed within ten (10) days after the entry of judgment, order, or decree ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.