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Twillie v. Pennsylvania Board of Probation and Parole

United States District Court, Third Circuit

November 5, 2013

THOMAS TWILLIE, Petitioner,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, et al., Respondents.

OPINION AND ORDER [1]

SUSAN PARADISE BAXTER, Magistrate Judge.

Presently before the Court is a petition for a writ of habeas corpus filed by state prisoner Thomas Twillie. [ECF No. 4]. He has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 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 April 8, 2013. For the reasons set forth below, the petition is denied and a certificate of appealability is denied.

I.

A. Relevant Background

On March 15, 1988, Petitioner was sentenced in the Court of Common Pleas of Erie County at Case No. 1573 of 1987, as follows: 7½ to 15 years of incarceration, after being found guilty of violating 18 Pa.C.S. § 3121 (Rape); and 2½ to 5 years of incarceration, after being found guilty of violating 18 Pa.C.S. § 903 (Criminal Conspiracy, Rape). On that same date, he was sentenced at Case No. 1881 of 1987, as follows: 7½ to 15 years of incarceration, after being found guilty of violating 18 Pa.C.S. § 3121 (Rape); 1½ to 3 years of incarceration, after being found guilty of violating 18 Pa.C.S. § 2902 (Unlawful Restraint); 2½ to 5 years of incarceration, after being found guilty of violating 18 Pa.C.S. §2702 (Aggravated Assault); and 1 to 2 years of incarceration, after being found guilty of violating 18 Pa.C.S. § 903 (Criminal Conspiracy, Aggravated Assault). The minimum expiration date for his aggregate sentence was March 20, 2010, and the maximum expiration date is September 20, 2032.

The Board has denied Petitioner parole four times. The last time it denied him parole was by a decision it issued on April 8, 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.
You are to be reviewed in or after December, 2013.
At your next interview, the Board will review your file and consider:
Whether you have maintained a favorable recommendation for parole from the Department of Corrections.
Whether you have maintained a clear conduct record.
Whether you have completed the department of corrections ...

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