UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: May 17, 1972.
THOMAS TALIFERRO, APPELLANT,
NEW JERSEY PAROLE BOARD
Hastie, Van Dusen and Aldisert, Circuit Judges.
Author: Per Curiam
Opinion OF THE COURT
In this appeal from a district court order of February 3, 1971, granting defendant's motion to dismiss the complaint for failure to state a claim,*fn1 an inmate of a New Jersey state prison alleged an abridgement of his Fourteenth Amendment due process rights by the denial of his application for parole without a statement of reasons for that denial. See 42 U.S.C. § 1983 and 28 U.S.C. § 1343.*fn2 Petitioner also claimed a violation of his equal protection rights in that parole was allegedly granted to other inmates with similar records.
In June of 1970, after a hearing before the New Jersey State Parole Board, parole was denied "without explanation," and a rehearing was scheduled for December 1971. Subsequently, the rehearing before the State Parole Board was held in December 1971 and parole was denied plaintiff because of "poor institutional conduct."*fn3 Under these circumstances, petitioner's due process claim has become moot and the district court's dismissal of that claim will be affirmed. As to petitioner's equal protection claim, it appears beyond a reasonable doubt that petitioner can prove no set of facts in support of his claim which would entitle him to relief.*fn4
The district court dismissal of this claim will, therefore, be affirmed.