United States District Court, M.D. Pennsylvania
William W. Caldwell United States District Judge
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).
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
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.
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.
Board issued a decision on August 31, 2015. (Id.)
The Board noted the following reasons for denying King
* 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
* The refusal to accept responsibility for the offense(s)