Ricky Darnell Gray VS Louisiana Parole Board
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0426 RICKY DARNELL GRAY VERSUS LOUISIANA PAROLE BOARD Judgment rendered November 2 2007 Appealed from the 19th Judicial District Court in and for the Parish of East Baton Rouge Louisiana Trial Court No 532 410 Honorable Curtis A Calloway Judge RICKY DARNELL GRAY PLAINTIFF APPELLANT COTIONPORT LA IN PROPER PERSON WENDELL C WOODS ATIORNEY FOR BATON ROUGE DEFENDANT APPELLEE LA LOUISIANA PAROLE BOARD BEfORE CARTER C J PEITIGREW AND WELCH JJ PETTIGREW J In this case petitioner an inmate in the custody of the Department of Public Safety and Corrections filed the instant suit seeking review of his parole revocation by the Louisiana State Parole Board made the After considering the record evidence the Commissioner following findings concerning petitioner s actions The Commissioner finds the parole revocation record does support the petitioner s claim for relief the revocation record indicates that not The narrative record contained in June 12 2000 Louisiana parole parole accept Texas supervision of the petitioner s parole On June 30 2000 Texas parole authorities advised Louisiana the petitioner was to report to Parole Officer Dees upon his return to Louisiana The narrative indicates the petitioner did not report to Louisiana authorities and a warrant was issued on September 6 2000 charging the petitioner with absconding from supervision On September 28 2000 Parole Officer Dees mailed the petitioner written notice to return to Louisiana and report for supervision The petitioner was arrested in Dallas Texas and was later returned to custody in subsequently Louisiana where he was revoked on August 28 2003 The petitioner in both an August 21 2003 pre revocation letter to the acknowledged Parole Board and his petition for judicial review that he received written notice from Parole Officer Dees instructing him to return to Louisiana for supervision The record indicates that the petitioner was advised that his supervision was transferred back to Louisiana and he failed to report as instructed The revocation record filed in this matter supports the finding that the petitioner absconded from supervision when he failed to return to Louisiana as instructed by his supervising parole officer This Commissioner recognizes that R S 15 574 9C provides that a preliminary hearing to determine probable cause is not required The where a petitioner is charged with absconding supervision was not entitled to a preliminary hearing in this matter This petitioner Commissioner finds the record supports the finding by the Parole Board that the petitioner absconded from supervision and the petitioner fails to demonstrate a violation of his due process rights in this matter Emphasis added authorities advised Texas Following a de novo on authorities that Louisiana would review of the record herein including the traversal by petitioner and the Commissioner s Report the trial court maintained the decision of the Parole Board dismissing petitioner s suit with prejudice This thorough review of the record and relevant jurisprudence abuse of discretion by the trial court Accordingly accordance with Uniform Rules Courts of costs associated with this are appeal we appeal followed we find Appeal Rule 2 16 2A 5 assessed AFFIRMED 2 6 7 a of law or judgment in no error affirm the trial court s After and 8 against petitioner Ricky Darnell Gray All
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