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Briley v. Hobbs

United States District Court, E.D. Arkansas, Pine Bluff Division

August 13, 2014

JOHN BRILEY, Petitioner,
v.
RAY HOBBS, Director, Arkansas Department of Correction, Respondent.

RECOMMENDED DISPOSITION

BETH DEERE, Magistrate Judge.

I. Procedure for Filing Objections

The following Recommended Disposition ("Recommendation") has been sent to Chief United States District Judge Brian S. Miller. Any party may file written objections to this Recommendation.

Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.

An original and one copy of objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.

If no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.

Mail your objections to:

II. Background

John Briley, an Arkansas Department of Correction ("ADC") inmate, brings his amended and supplemented petition for writ of habeas corpus (docket entries #4, #9, #12) under 28 U.S.C. ยง 2254. On December 3, 2001, Mr. Briley began serving a 240-month sentence in the ADC for fleeing, theft by receiving, and numerous drug offenses. (#17-2) He was released on parole on June 27, 2008. (#17-2 at p. 6) Following his release, Mr. Briley absconded four times between March 28, 2011, and May 17, 2014. ( Id. )

On May 21, 2014, Arkansas Community Correction issued a violation report detailing violations of Mr. Briley's conditions of release, and the Arkansas Parole Board ("Board") issued a warrant for his arrest. (#17-3, #17-4) On May 27, 2014, Mr. Briley received notice of the parole violation action advising him of his right to a revocation hearing and the revocation hearing process. (#17-5) On the same day, Mr. Briley waived his right to a revocation hearing, admitted violating conditions of his release, and acknowledged that his release would be revoked and that he would be placed in the ADC. (#17-6) On May 28, 2014, hearing officer Ashley Valles accepted Mr. Briley's waiver. (#17-7)

On May 28, 2014, Mr. Briley wrote a letter to the Board requesting credit for time he claims was spent "in custody." (#17-8) On June 4, 2014, the Board affirmed the revocation of Mr. Briley's parole. (#12 at p. 3, #17-7 at p. 2)

Mr. Briley filed his petition with this Court on June 3, 2014. In the amended and supplemented petition, Mr. Briley claims that Arkansas authorities lacked jurisdiction to revoke his parole because he entered into a contractual agreement with Arkansas and federal authorities terminating his parole. (#4 at pp. 6-7) Further, Mr. Briley complains that his parole revocation amounts to double jeopardy and that he is actually innocent. (#4 at p. 7)

Director Hobbs has responded to the petition, arguing that Mr. Briley's claims are procedurally defaulted. For the reasons set forth below, the Court recommends that Mr. Briley's petition be dismissed, without ...


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