Leroy Matthews, Jr. VS State of Louisiana Parole Board
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010CA0147 NO LEROY MATTHEWS JR VERSUS LOUISIANA PAROLE BOARD Judgment Rendered June 11 2010 Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No 574 561 The Honorable William A Morvant Judge Presiding Andre Belanger Baton Rouge Louisiana Counsel for PlaintiffAppellant Leroy Matthews Jr James D Buddy Caldwell Attorney General Counsel for Defendant Appellee Louisiana Parole Board Patricia H Wilton Assistant Attorney General Baton Rouge Louisiana BEFORE DOWNING GAIDRY AND McCLENDON JJ GAIDRY J SUMMARY DISPOSITION The plaintiff appellant Leroy Matthews Jr a prisoner in the custody of the Louisiana Department of Public Safety and Corrections filed a petition for habeas corpus in the 19th Judicial District Court seeking judicial review of the decision of the Louisiana Parole Board the Board to revoke his parole The action was initially referred to a commissioner for review pursuant to La R 15 By stipulation the commissioner S 1188 granted plaintiff leave to amend his petition to one seeking judicial review alleging violation of due process in connection with the revocation hearing pursuant to La R 15 Following its de novo review of the S 574 A 11 record the trial court adopted the commissioner srecommendation and dismissed plaintiff action with prejudice and at his cost Plaintiff appeals s pursuant to La R 15 We affirm S 574 C The plaintiff was convicted of forcible rape in Louisiana and was sentenced to imprisonment He was later released pursuant to sentence diminution under parole supervision After moving to Texas his parole supervision was transferred to that state His Texas parole officer determined that he was in violation of certain conditions of his parole in Texas Plaintiff claims that he was denied due process because he was not given a preliminary hearing in Texas to determine probable cause for violation of conditions of parole He does not deny that he was afforded the final revocation hearing by the Board required by La R 15 S 574 9 1 The office of the commissioner of the Nineteenth Judicial District Court was created by LSA R 13 to hear and recommend disposition of criminal and civil proceedings S 711 arising out of the incarceration of state prisoners The commissioner written findings s and recommendations are submitted to a district judge who may accept reject or modify them La R 13 S 713 5 C 2 As noted in the commissioner report the Texas Department of s Criminal Justice sParole Division provided notice of and an opportunity for plaintiff to rebut or explain the parole violations charged and plaintiff admitted in writing to violation of a special condition prohibiting him from owning maintaining or operating photographic equipment without the written authorization of his parole officer The record confirms the s commissioner determination that probable cause was therefore established Further as plaintiff in fact pleaded guilty to the above described violation at the final revocation hearing no violation of due process has been shown See Morrissey v Brewer 408 U 471 92 S 2593 33 L 484 S Ct 2d Ed 1972 Finding the commissioner sreport and the trial court judgment s adequately explain our decision we affirm the judgment DECREE We accordingly affirm the judgment of the trial court through this summary disposition in accordance with Rules 2 16 4 5 6 A 2 8 and 10 of the Uniform Rules of the Louisiana Courts of Appeal All costs ofthis appeal are assessed to the plaintiff Leroy Matthews Jr AFFIRMED 3
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