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Thomas v. N.J. State Parole Bd.

October 13, 2009

DAVE THOMAS, PETITIONER,
v.
N.J. STATE PAROLE BD., RESPONDENTS.



The opinion of the court was delivered by: Simandle, District Judge

MEMORANDUM OPINION

This matter is before the Court upon preliminary review of an application for habeas corpus relief under 28 U.S.C. § 2254. The Court finds as follows:

1. On September 29, 2009, Dave Thomas, a state-sentenced inmate incarcerated at Bayside State Prison, executed an Application for Writ of Habeas Corpus under 28 U.S.C. § 2254. The Clerk received it on October 1, 2009. The application concerns Petitioner's parole, but it does not specify the determination Petitioner is challenging or set forth federal grounds or relief requested. Attached to the Petition are two documents: (a) a Notice of Decision issued by an adult panel of the New Jersey State Parole Board on August 17, 2006, revoking Petitioner's parole (that was granted July 29, 2003) and stating that Petitioner is to serve a parole eligibility term of 15 months; and (b) a Parole Eligibility Notice stating that Petitioner's future parole eligibility date is June 25, 2007.

2. Section 2254(a) of Title 28 provides in relevant part:

(a) [A] district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

28 U.S.C. § 2254(a).

3. Habeas Rule 4 requires the assigned judge to sua sponte dismiss a habeas petition or application without ordering a responsive pleading under certain circumstances:

The clerk must promptly forward the petition to a judge under the court's assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner . . . .

28 U.S.C. § 2254 Rule 4.

4. Habeas Rule 2 provides:

(b) . . . Specifying the Judgment. . . . The petition must ask for relief from the state-court judgment being contested.

(c) Form. The petition must:

(1) specify all the grounds for relief available to ...


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