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Turner v. Pennsylvania Board of Probation & Parole

United States District Court, Third Circuit

October 21, 2013

RASHEED TURNER, Petitioner,
v.
PENNSYLVANIA BOARD OF PROBATION & PAROLE, et al., Respondents.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

SUSAN PARADISE BAXTER, Magistrate Judge.

I. RECOMMENDATION

It is respectfully recommended that the petition for a writ of habeas corpus filed by Petitioner, Rasheed Turner, be denied and that a certificate of appealability be denied.

II. REPORT

Petitioner is a state prisoner currently incarcerated at the State Correctional Institution located in Albion, Pennsylvania. He has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. In the petition, he alleges that the Pennsylvania Board of Probation and Parole (the "Board") violated his due process rights when it denied him parole on January 14, 2013.

A. Relevant Background

Petitioner was convicted in state court of the crimes of sexual assault and simple assault and is serving a term of imprisonment of 4 years, 10 months and 15 days to 10 years and 11 months. The minimum date for his sentence was March 22, 2011, and the maximum date is April 7, 2017.

The Board has interviewed and denied Petitioner parole three times. The last time it denied him parole was by a decision it issued on January 4, 2013, and that is the decision at issue in this case. On that date, the Board informed Petitioner:

Following an interview with you and a review of your file, and having considered all matters required pursuant to the Board of Probation and Parole, in the exercise of its discretion, has determined at this time that: you are denied parole/reparole. The reasons for the Board's decision include the following:
Your risk and needs assessment indicating your level of risk to the community.
Reports, evaluations and assessments/level of risk indicates your risk to the community.
Your minimization/denial of the circumstances of the offense(s) committed.
You are to be reviewed in or after December 2013.
At your next interview, the Board will review your ...

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