Glen Burton VS Board of Parole, State of Louisiana; James Leblanc, Secretary of Corrections; Burl Cain, Warden, Louisiana State Penitentiary and Captain Tara Bonnette, Departments Intermediate

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 1246 GLEN BURTON VERSUS BOARD OF PAROLE STATE OF LOUISIANA JAMES LEBLANC SECRETARY OF CORRECTIONS BURL CAIN WARDEN LA STATE PENITENTIARY CAPTAIN TARA BONNETTE DEPARTMENTS INTERMEDIATE fES Judgment rendered On 19th Judicial District Court Baton Rouge State of Louisiana Appeal from Parish of East 2 2010 the Suit Number 569 815 Division 0 8 The Honorable Wilson E Fields Judge Presiding Proper Person Angola LA Plaintiff Appellant Terri L Cannon Counsel for Defendant Appellee In Baton Rouge Glen Burton LA James Leblanc Department BEFORE Secretary of Corrections DOWNING GAIDRY AND McCLENDON JJ ON MCC01ch J lS jj tfI DOWNING J Plaintiff Glen Burton Corrections Safety an inmate in the him parole on because it had sought not that the Parole Board been confirmed The claims claims to give against the Department were 744 this Stalder 03 1568 p 1 La held that under La R S court afforded under the specifically violated Pleadings challenging in accordance with La R S Id La R S Therefore Board s there is Sinclair 03 1568 sought to hearing have the obtain to early on statutes at p do there is 03 no of La RS 867 So 2d appeal due process 15 574 9 should be dismissed release not create of the protections 15 574 9 an for by the district denials of release not on to are on to court parole Id seek review of the Parole parole expectancy of release 2 867 So 2d at 744 applications 17 10 actions of the Parole Board other than failure statutory basis for Burton rehabilitated the Louisiana The deny constituted 1 Cir 11A 574 hearing provisions denying him early parole passing no App procedural 15 574 9 deals with revocations decision The when to dismissed with prejudice and the 15 v decisions of the Parole Board unless the act him another decision legally not was s Petition for against the Parole Board were dismissed without prejudice In Sinclair 743 entitled Burton also by the Senate Department order the Parole Board release pleading s reversal of the Louisiana Parole Board grounds the Burton Department of Public judgment affirming the seeks review of the district court Department s dismissal of his petition Judicial Review of the custody The early release parole scheme does parole Id not or liberty interest board has full discretion Even if an inmate is fully require that he be paroled Id procedures used by the Parole Board in deciding whether an inmate should be released early The are beyond the Sinclair recommendation scope of this court analysis and the adopted in the district 2 s review Id Commissioner court s judgment March 26 2009 fully explains the decision find After no error judgment by 16 2A 2 a thorough of law by the trial this summary 6 and 7 review of the record and relevant court disposition Appeal costs are Accordingly we jurisprudence affirm the district we court in accordance with La U R C A Rule 2 assessed Burton AFFIRMED 3 against petitioner appellant Glen

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