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King v. Pa Board of Prob. & Parole

United States District Court, M.D. Pennsylvania

April 20, 2017

KEVIN KING, Petitioner
v.
PA BOARD OF PROB. & PAROLE, et al., Respondents

          MEMORANDUM

          William W. Caldwell United States District Judge

         I. Introduction

         Kevin King, a state prisoner, presently housed at the Dallas State Correctional Institution (SCI-Dallas), in Dallas, Pennsylvania, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the Petition, he claims the Pennsylvania Board of Probation and Parole (the Board) has “denied [him] Due Process of Law, in that he has a liberty interest under the 14th Amendment to be paroled on his minimum term.” (ECF No. 1, Pet., p. 5). As relief, he seeks his immediate release on parole. (Id., p. 14).

         We have jurisdiction under section 2254 to entertain constitutional challenges to parole decisions, see 28 U.S.C. § 2254(a); Coady v. Vaughn, 251 F.3d 480, 485 (3d Cir. 2001), but for the reasons that follow, the Petition will be summarily denied.

         II. Background

         King alleges the following. He was convicted on August 1, 2007, in the Court of Common Pleas of Luzerne County, Pennsylvania, on two counts of Aggravated Assault, Recklessly Endangering Another Person, and Firearms not to be Carried without a License. (ECF No. 1, p. 1). On September 4, 2007, he was sentenced to nine to eighteen years of imprisonment. (Id.)

         King completed various institutional programs while serving his nine-year minimum. (ECF No. 2, Mem. in Supp. of Pet., p. 3). He also managed to remain misconduct free. (Id.) On July 31, 2015, he was scheduled to see the Board. At his parole hearing, he expressed genuine remorse for his crime. The Luzerne County District Attorney's Office failed to respond to the Board's inquiry as to whether it objected to King's receiving parole. (Id., p. 4). King was denied parole.

         The Board issued a decision on August 31, 2015. (Id.) The Board noted the following reasons for denying King parole:

* Need to participate in additional institutional programs;
* The 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.
* Minimization/denial of the nature and circumstances of the offense(s) committed.
* The refusal to accept responsibility for the offense(s) ...

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