Diehl v. Maryland Parole Commission et al
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 1/19/2016. (c/m 1/19/2016 aos, Deputy Clerk)
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT
FOR THE DISTRICT
lOlb JAN I q P 3: 2 I
8 y__ ..__
C" f' l;T Y
Case No.: G.JII-I5-2830
Ronald C. Diehl. Jr.. a state prisoner.
without having a parole revocation
tiled this pro se Petition for Writ of ttabeas
to 28 U.S.c. ~ 2241 (2012). alleging he has been detained
for more than 60 days
hearing. ECl' No. I at 10. Respondents
move to dismiss the
Petition on the basis that Diehl has failed to exhaust his claims in state court. See ECl' NO.4.
Diehl has a lengthy criminal
history that includes multiple convictions
on assault and
burglary charges. See ECl' No. 4-3. The parties agree that at the time he was sen'ed with a parole
Diehl was charged in a separate criminal case for second-degree
the District Court for Baltimore
County. See lOCI' NO.4-I.
Diehl claims he is entitled to rclease Irom detention
and bases his claim on a Maryland
hearing within 60 days. See lOCI' No. I at to. The relc,'ant
A parole revocation hearing shall be held within 60 days alier apprehension of the
parolee on the parole violation warrant. cxccpt that .lidlllrc to hold thc hcaring
wilhin the 60-day period /110)'not be in coll/ravell/ion (II' this paragraph ir the
parolc violation 1l'
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