Carmichael, Jr. v. Brown et al, No. 1:2015cv01381 - Document 73 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 08/23/18. (pmil, )
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Carmichael, Jr. v. Brown et al Doc. 73 IN THE UNITED STATES DISTRICT COURT FOR THE F" EASTERN DISTRICT OF VIRGINIA Alexandria Division AUG 2 3 20I8 David Leslie Carmichael,Jr., CLERK,U.S. D!STR!G I ."X^URT ALEXANPra^ VtRGINiA __ Plaintiff, I:15cvl381(CMH/MSN) V. Karen Brown,irt al.. Defendants. MEMORANDUM OPTNTON David Leslie Cannichael, Jr., a Virginia inmate proceeding pro filed this civil rights action pursuant to 42 U.S.C. ยง 1983, alleging that the defendants violated his right to due process when they determined him to be ineligible for discretionary parole. The matter is now before the Court on a Renewed Motion for Summary Judgment filed jointly by the defendants, the current members and former chairman ofthe Virginia Parole Board ("VPB"). [Dkt. No. 56] For the reasons which follow, defendants' Motion will be granted. Also pending before the Court are plaintiffs Cross-Motion for Summary Judgment, which will be denied, as well as several motions by the plaintifffor various forms ofrelief, most of which also will be denied.[Dkt. No. 63 - 67,69 - 70] I. Background Plaintiff is an inmate committed to the Virginia Department of Corrections("VDOC"), having begun the service ofa sentence of life plus two years on July 26, 1985 following his conviction of murder and a weapons offense. [Dkt. No. 57, Ex. 1, Bennett Aff.^ 4.]' He became eligible for discretionary parole on August 21,1997. Id. Since then, the VPB has reviewed Carmichael for discretionary parole and determined him to be unsuitable for such relief 'The affiant, Adrianne L. Bennett, is the current Chairman ofthe VPB. Aff.11, Dockets.Justia.com
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