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.

Coleman v. United States Parole Commission

United States District Court, M.D. Pennsylvania

August 27, 2014

LAMAR COLEMAN, Petitioner
v.
UNITED STATES PAROLE COMMISSION, Respondent.

MEMORANDUM

WILLIAM J. NEALON, District Judge.

On February 25, 2014, Lamar Coleman, an inmate confined at the Allenwood Federal Correctional Institution, White Deer, Pennsylvania, filed the above captioned action pursuant to 28 U.S.C. § 2241 in the United States District Court for the Eastern District of Michigan. (Doc. 1). In his petition, Coleman claims that his 1974 criminal sentence has expired in full, and that the United States Parole Commission ("Parole Commission") therefore lacks jurisdiction over him. Id . His theory for the expiration of that sentence is that the good conduct time credits he earned prior to his mandatory release reduced the amount of time he owed on that sentence, specifically, that the good time credit commuted the sentence. Id.

By Order dated March 5, 2014, the Michigan District Court found that it lacked jurisdiction to hear Coleman's claims because he did not reside within the Eastern District of Michigan, and, therefore, transferred the action to the Middle District of Pennsylvania. (Doc. 3, Order).

After receiving Petitioner's motion to proceed in forma pauperis on March 31, 2014, the Court issued a show cause Order on April 3, 2014. (Doc. 8, Order). On April 23, 2014, a response was filed, (Doc. 10, Response), and on May 12, 2014, Petitioner filed a traverse. (Doc. 11). The petition is ripe for disposition, and for the reasons set forth below, the petition will be dismissed for Petitioner's failure to exhaust administrative remedies.

I. Background

On May 9, 1974, Coleman was sentenced by the United States District Court for the Eastern District of Michigan to a 12-year term of imprisonment for Armed Bank Robbery. (Doc. 10-1 at 4, Sentence Monitoring Computation Data).

On May 22, 1980, following an initial parole hearing, the Parole Commission ordered that Coleman serve to the expiration of his sentence (i.e., to the date on which he is required to be released under 18 U.S.C. § 4163, the full term date less accumulated good time credits). (Doc. 10-1 at 6-10, Parole Commission Hearing Summary; Notice of Action).

On June 19, 1987, Coleman was mandatorily released, subject to supervision "as if on parole" pursuant to 18 U.S.C. § 4164 to his full term date less 180 days, or January 30, 1991. (Doc. 10-1 at 11, Certificate of Mandatory Release).

On June 28, 1988, the Parole Commission issued a warrant charging Coleman with Armed Robbery and Possession of a Firearm in Commission of a Felony, Failure to Report an Arrest, and Unauthorized Possession of a Firearm. (Doc. 10-1 at 13, Warrant Application and Warrant). Because Coleman was already in the custody of state authorities for the robbery, the Parole Commission instructed the United States Marshals Service to place its warrant as a detainer. (Doc. 10-1 at 16, Memorandum).

On December 28, 1988, the Parole Commission supplemented its warrant with the information that Coleman had been convicted of Armed Robbery, Felony Firearm Possession, and being a Habitual Offender, and that he had been sentenced to an aggregate 60-year sentence. (Doc. 10-1 at 17, Supplement to Warrant Application.)

In February, 1989, the Parole Commission undertook an on-the-record review of the detainer. (Doc. 10-1, Feb. 21, 1989 letter). Following that review, the Parole Commission ordered that the detainer stand. (Doc. 10-1 at 19, Notice of Action.)

On May 29, 2013, Coleman was released from service of his new state sentence to the detainer issued by U.S. Parole Commission for violations of his federal parole. (Doc. 10-1 at 20, July 1, 2013 letter).

On November 18, 2013, the Parole Commission conducted a mandatory release revocation hearing. (Doc. 10-1 at 21, Hearing Summary). Following that hearing, by Notice of Action dated December 31, 2013, the Parole Commission revoked Coleman's parole, and ordered that he receive no credit for time spent on parole, and that he serve to the expiration of his violation term.[1] (Doc. 10-1 at 23, Notice of Action).

On February 25, 2014, Petitioner filed the instant action, challenging the Parole Board's ...


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.