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Charles A. Brown v. Pennsylvania Board of Probation and Parole

August 22, 2011

CHARLES A. BROWN,
PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ET AL., RESPONDENTS



The opinion of the court was delivered by: Thomas M. Blewitt United States Magistrate Judge

(Magistrate Judge Blewitt)

MEMORANDUM AND ORDER

I. Procedural Background.

On March 9, 2011, Petitioner, Charles A. Brown, an inmate at the State Correctional Institution at Coal ("SCI-Coal Township"), Coal Township, Pennsylvania, filed, pro se, this Habeas Corpus Petition*fn1 pursuant to 28 U.S.C. § 2254. (Doc. 1). Petitioner attached two exhibits to his Doc. 1 filing. Petitioner paid the filing fee after the Court denied his in forma pauperis motions. (Docs. 4, 6 and 9).

Petitioner Brown alleged that on January 13, 2011, when he was residing in an apartment in Delaware, six agents of the Pennsylvania Board of Probation and Parole ("PA Board") took him into custody pursuant to a fugitive warrant. Petitioner avers that he was then transported to SCI-Coal Township, his current place of incarceration. (Doc. 1,p. 1-2).

On April 21, 2011, the Court issued a Show Cause Order and directed Respondents to respond to Petitioner's habeas petition. (Doc. 17). Petitioner responded to the Court's April 21, 2011 Order, despite the fact that he was not directed to do so, with an attached copy of a petition for writ of habeas corpus he filed in March 2011 with the Philadelphia County Court of Common Pleas. (Doc. 21). After being granted extensions of time, on June 16, 2011, Respondents filed their Response and Opposition Brief to Petitioner's habeas petition. (Docs. 29 and 30). Petitioner filed a 2-page Traverse on July 5, 2011. (Doc. 33).

Petitioner and Respondents consented to proceed before the undersigned for all matters pursuant to 28 U.S.C. §6363(c). (Docs. 31, 34 and 35).

Petitioner states that in April 2009 he was released on probation in Delaware and that he successfully completed his probation in April 2010. Petitioner refers to his Ex. 2 to Doc. 1.

As stated, Petitioner was arrested in Delaware and taken into custody on January 13 2011, by agents of the PA Board and is currently confined at SCI-Coal Township. (Doc. 29-1, Ex. 6, p. 27). The PA Board contends that Petitioner was recommitted as a convicted parole violator because of a March 2006 conviction in Delaware County, Pennsylvania. (Doc. 29-1, Ex. 8).

Petitioner argues, inter alia, he was illegally detained by the Pennsylvania Board of Probation and Parole, and he is asking to be immediately released from prison. (Doc. 21, p. 2). Petitioner argues that his due process rights were violated when the PA Board took custody of him in January 2011 in Delaware and had him confined at SCI-Coal Township. (Doc. 1, p. 2). Specifically, Petitioner claimed in his March 9, 2011 habeas petition:

[Petitioner] feels he is being deprived procedural due process in violation of the 14th Amendment of the United States Constitution, as without proper notice of the cause of his detention and notice of the specific allegations against him, he cannot prepare for hearings, petition the government for redress, prepare to call witnesses, prepare a defense, et al. (Doc. 1, p. 2)

Petitioner also claimed that his procedural due process rights were violated by the continual refusal of the PA Board to give him documentation as to the cause of his detainment and the "fugitive warrant of commitment (sic)." (Id.). At the time of his habeas petition, Petitioner had not yet received his parole revocation hearing by the PA Board.

For the reasons set forth below, the Court will deny Petitioner Brown's habeas petition.

II. Factual Background.

On April 8, 1999, in Philadelphia County, Petitioner Brown was sentenced in two different criminal cases to two (2) to five (5) years incarceration in each case. Petitioner's two sentences ran concurrent to each other. (Doc. 29-1, Ex. 3). On October 30, 2001, Petitioner Brown was released on parole in the State of Delaware, pursuant to the Interstate Compact for the Supervision of Adult Offenders. (Doc. 29-1, Ex. 4).

On February 9, 2004, Petitioner was arrested in Aston Township, Delaware County, Pennsylvania, and he was incarcerated in the Delaware County Prison until February 12, 2004, when he posted bail. (Doc. 29-1, Exs. 5 and 6). The supervision history of Petitioner indicates he left the State of Delaware without permission, or in violation of his parole. (Doc. 29-1, Ex. 6).

On March 2, 2004, the PA Board received notice of Petitioner's arrest on February 9, 2004. (Doc. 29-1, Ex. 6).

On September 7, 2004, Petitioner Brown was convicted of violating 18 Pa.C.S. §903(a)(1) criminal conspiracy possession of drugs, and he was sentenced in Delaware County, Pennsylvania, in Case No. CP-23-CR-0003569-2004, to 24 months probation regarding his February 2004 arrest. (Doc. 29-1, Ex. 5 & Ex. 7).*fn2

On October 18, 2004, Petitioner Brown was arrested in the State of Delaware and charged with, inter alia, attempted murder and possession of a firearm. (Doc. 29-1, Ex. 6).

On December 9, 2004, the PA Board issued a warrant for Petitioner Brown. (Doc. 29-1, Ex. 6). The December 9, 2004 warrant was lodged by the PA Board as a detainer against Petitioner at the Gander Hill Prison in the State of Delaware. (Id.). The PA Board was going to have Petitioner brought back to Pennsylvania regarding his September 7, 2004 conviction in Delaware County, Pennsylvania.

On October 26, 2010, the PA Board was notified that Petitioner Brown had been released from prison in the State of Delaware, despite the Board's December 9, 2004 detainer. (Doc. 29-1, Ex. 6).

As stated above, on January 13, 2011, Petitioner Brown was arrested in the State of Delaware by PA Board agents, and on January 20, 2011 he was returned to Pennsylvania and confined at SCI-Coal Township. (Doc. 29-1, Ex. 6).

On March 9, 2011, Petitioner filed his instant § 2254 habeas petition with this federal court. (Doc. 1).*fn3 Petitioner claimed that the PA Board violated his procedural due process rights by failing to give him documentation with respect to his detainment at SCI-Coal Township. Petitioner claimed that his current detention at SCI-Coal Township is illegal and that he should be released.

On May 16, 2011, the PA Board conducted a parole revocation hearing in Petitioner Brown's case. On May 26, 2011, the PA Board issued a decision and recommitted Petitioner Brown as a convicted parole violator due to his September 7, 2004 conviction in Delaware County, Pennsylvania, Case No. CP-23-CR-0003569-2004. (Doc. 29-1, Ex. 8 and Doc. 30, p. ...


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