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Hendrix v. Giroux

United States District Court, Third Circuit

November 21, 2013

PAUL J. HENDRIX, Petitioner,
v.
NANCY GIROUX and THE PENNSYLVANIA BOARD OF PROBATION & PAROLE, 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, Paul J. Hendrix, 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 in which he challenges the decision issued by the Pennsylvania Board of Probation and Parole (the "Board") on May 22, 2013, in which it denied him parole.

A. Relevant Background

On April 27, 1987, Petitioner was convicted in state court of the crimes of third-degree murder, aggravated assault, two counts of simple assault, possessing an instrument of crime, and recklessly endangering another person. His convictions stem from the brutal murder of one woman and the sexual assault of another woman during the early morning hours of October 18, 1986. The state court sentenced Petitioner to a total term of imprisonment of 15-30 years. The minimum date for his sentence expired on October 19, 2001. His maximum sentence date is October 19, 2016.

The Board denied Petitioner parole in a decision it issued on May 22, 2014. On that date, it 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 institutional behavior, including reported misconducts.
Your failure to demonstrate motivation for success.
Your minimization/denial of the nature and circumstances of the offense(s) committed.
You are to be reviewed in or after December, 2014. At your next interview, the Board will ...

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