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Lindsey v. U.S. Parole Commission

United States District Court, District Circuit

August 20, 2013

LAWRENCE LINDSEY, Petitioner,
v.
U.S. PAROLE COMMISSION et al., Respondents.

NOT INTENDED FOR PUBLICATION IN THE OFFICIAL REPORTERS.

MEMORANDUM OPINION [1]

ROBERT L. WILKINS, United States District Judge

On April 26, 2013, Lawrence Lindsey petitioned this Court for a writ of habeas corpus while confined at the District of Columbia Jail on a parole violator warrant issued by the United States Parole Commission on January 9, 2013. See Pet’r’s Request for Relief Under Habeas Corpus [Dkt. # 1] at 1. In the petition, Mr. Lindsey claims that he has not received a probable cause hearing and, thus, should be “released back into the community.” Id. at 1-2. In response to the Court’s show cause order, the Commission contends that the petition should be summarily denied because, among other reasons, petitioner was convicted in Alexandria, Virginia, of a crime committed while on supervised release and, thus, is not entitled to a probable cause hearing. United States Parole Comm’s Opp’n to Pet’r’s Pet. for a Writ of Habeas Corpus [Dkt. # 8] at 5.

On June 26, 2013, the Court advised petitioner about the potential consequence of dismissal if he failed to reply to the United States’ opposition by July 29, 2013. Order [Dkt. # 9]. The Court informed petitioner that “[t]he allegations of . . . an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true.” 28 U.S.C. § 2248. Petitioner has neither replied to the Commission’s opposition nor sought additional time to do so, and the Court accepts as true the Commission’s documented reasons for denying the writ. Hence, the petition will be denied and this case will be dismissed. A separate Order accompanies this Memorandum


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