United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDED
THOMAS RAY, Magistrate Judge.
following Proposed Findings and Recommended Disposition
("Recommendation") have been sent to United States
District Judge Billy Roy Wilson. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court within fourteen (14) days
of this Recommendation. By not objecting, you may waive the
right to appeal questions of fact.
before the Court is a 28 U.S.C. Â§ 2254 Petition for Writ of
Habeas Corpus filed by Petitioner, Odell Rhodes
("Rhodes"), an inmate in the Arkansas Department of
Correction ("ADC"). Doc. 2. Before
addressing Rhodes's habeas claims, the Court will review
the procedural history of the case.
is currently serving an aggregate twelve-year sentence in the
ADC for multiple offenses, imposed between 2005 and 2013.
These sentences stem from convictions for: possession of
ephedrine (probation revocation); failure to appear;
possession of drug paraphernalia; theft by receiving;
possession of controlled substances; possession of controlled
substances with intent to manufacture; possession of drug
paraphernalia with intent to manufacture; aggravated assault;
fleeing; second-degree battery; and theft of property.
Doc. 5-2, at 1-9.
December 7, 2012, the Arkansas Parole Board (the
"Board") voted to transfer Rhodes from the ADC to
parole status under the supervision of the Arkansas
Department of Community Correction
("ACC"). Doc. 5-3, at 5-6. On December
18, 2012, the Board entered an Order of Conditional
Release. Id . at 1-3.
March 27, 2013, the Board revoked Rhodes's parole for
violating conditions concerning reporting, residency/travel,
obeying all laws, and not associating with prohibited
persons. He was placed in the Technical Violator Program.
Doc. 5-4. On August 29, 2013, Rhodes was returned to
parole status under ACC supervision. Doc. 5-2, at
September 17, 2013, Rhodes was sentenced, in Washington
County Circuit Court, to two concurrent five-year sentences
for theft of property and theft by receiving. Both of those
new sentences were ordered to run concurrently with "the
undischarged portion of [the] time [Rhodes was] now
serving." Id . at 5-6. On the same date, the
Board again revoked Rhodes's parole for not obeying all
laws, in violation of the conditions of his release. Id .
at 23; Doc. 5-5. On October 30, 2013, Rhodes was
returned to ADC custody. Doc. 5-2, at 10.
April 10, 2014, the Board held a parole hearing and denied,
for one year, Rhodes's transfer from the ADC to ACC
parole supervision, citing his "new time" and
previous release history. Id . at 23; Doc. 5-6. On
May 11, 2014, the Board denied reconsideration of its
decision. Doc. 5-2, at 23; Doc. 5-7.
April 9, 2015, a Board member screened Rhodes's case and
recommended that he be transferred to parole status under ACC
supervision. Doc. 5-8. After holding a hearing, the
full Board rejected that recommendation and denied transfer
for one year. Id .; Doc. 5-2, at 23. On May 24,
2015, the full Board unanimously denied reconsideration of
its decision. Doc. 5-9; Doc. 5-2, at 23.
9, 2015, Rhodes initiated this Â§ 2254 habeas action. In his
habeas papers, he argues that the Board's decisions in
April 2014 and in April 2015: (1) violated state law and
Parole Board policy; and (2) violated his due process rights
under the United States Constitution. Docs. 2 & 7.
contends that Rhodes's claims are not cognizable in a Â§
2254 habeas action. Doc. 5.
reasons explained below, the Court recommends that this