Caraballo v. U.S. Parole Commission

Full title: JAMIE CARABALLO v. UNITED STATES PAROLE COMMISSION

Court: United States District Court, E.D. Pennsylvania

Date published: Sep 13, 2007

CIVIL ACTION No. 06-1798 (E.D. Pa. Sep. 13, 2007)

Opinion

CIVIL ACTION No. 06-1798.

September 13, 2007

BERLE SCHILLER, District Judge

ORDER

AND NOW, this 13 day of September, 2007, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, and after review of the Report and Recommendation of United States Magistrate Judge Peter B. Scuderi, and any objections filed thereto, IT IS ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The petition for a writ for habeas corpus filed pursuant to 28 U.S.C. § 2241 is GRANTED and the matter is REMANDED to the Parole Commission for further proceedings.

3. The United States Parole Commission shall recalculate Petitioner's parole in accordance with Fowler within sixty (60) days of the date of this ORDER.

4. If the Parole Commission determines that it does not wish to impose a term of traditional parole then Petitioner must be released from custody.