OWENS v. ATTORNEY GENERAL OF PENNSYLVANIA et al, No. 1:2020cv00369 - Document 11 (W.D. Pa. 2021)

Court Description: MEMORANDUM OPINION re 3 Petition for Writ of Habeas Corpus filed by JAMES JOSEPH OWENS. ORDER DISMISSING PETITION WITHOUT PREJUDICE. Signed by United States Magistrate Judge Richard A. Lanzillo on March 5, 2021. (jbh)

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OWENS v. ATTORNEY GENERAL OF PENNSYLVANIA et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JAMES JOSEPH OWENS, Plaintiff vs. PENNSYLVANIA PAROLE BOARD, SUPERINTENDENT MICHAEL CLARI<, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:20-cv-00369 (Erie) RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE MEMORANDUM ORDER ON PETITION FOR HABEAS CORPUS RELIEF UNDER 28 U.S.C. § 2254 Before the Court is a Pet.it.ion filed by James Joseph Owens (Owens) seeking habeas corpus relief under 28 U.S.C. § 2254. He raises one ground for relief in which he alleges that the Respondent Pennsylvania Board of Parole (Respondent) unconstitutionally recalculated his maximum sentence date after his re-incarceration for a parole violation. See ECF No. 3, p. 5. For the reasons that follow, Owens' pet.it.ion will be dismissed without prejudice, and no certificate of appealability will be granted. I. Background After serving approximately four years of a Pennsylvania state court sentence for sexual offenses against a minor, corruption of a minor and criminal mischief, Owens was granted parole on November 30, 2018. See ECF No. 7-1, p. 6. On November 1, 2019, Owens was arrested and charged with driving under the influence of alcohol and several other traffic offenses. Id., p. 12. Owens was subsequently detained by the Respondent as a parole violator. Id., p. 21. On March 4, 2021, Owens pleaded guilty to the driving under the influence of alcohol and other related charges. Id., p. 23. 1 Dockets.Justia.com

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