Robinson v. Felts et al

Filing 24

ORDER adopting the Recommendation, 19 , as supplemented and overruling Robinson's objections, 22 and 23 . Robinson has no protectable state or federal liberty interest in early release on parole. And a parole denial doesn't amount to d ouble punishment. Robinson's due-process and double-jeopardy claims therefore fail. The co-defendant that was initially sentenced to probation, while Robinson was sentenced to ten years' imprisonment were not similarly situated under the la w and this claim fails. Robinson's deliberate indifference claim also fails; but its dismissal will be without prejudice to Robinson raising it in a 1983 action. Robinson's petition, 1 , will be dismissed and a certificate of appealability will not issue. The Court directs the Clerk to correct the docket: Docket entry 22 is a motion for new appointed counsel. This motion is denied. Patrick Spivey's motion to withdraw, 20 is granted. Spivey is relieved as counsel with the Court's thanks. Signed by Judge D. P. Marshall Jr. on 12/21/2015. (jak)

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