Malcomb v. Pennsylvania Board of Probation and Parole, 110819 PACCA, 385 C.D. 2018

Docket Nº:385 C.D. 2018
Opinion Judge:CHRISTINE FIZZANO CANNON, JUDGE
Party Name:Joseph Clifford Malcomb, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent
Judge Panel:BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge
Case Date:November 08, 2019
Court:Commonwealth Court of Pennsylvania
 
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Joseph Clifford Malcomb, Petitioner

v.

Pennsylvania Board of Probation and Parole, Respondent

No. 385 C.D. 2018

Commonwealth Court of Pennsylvania

November 8, 2019

OPINION NOT REPORTED

Submitted: March 8, 2019

BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge

MEMORANDUM OPINION

CHRISTINE FIZZANO CANNON, JUDGE

Joseph Clifford Malcomb (Malcomb), pro se, [1] appeals from the February 20, 2018 decision of the Pennsylvania Board of Probation and Parole (Board) dismissing his petitions for administrative review. We affirm.

In 1992, Malcomb was sentenced to a minimum of 2 years, 2 months to a maximum of 20 years' imprisonment for committing 2 counts of burglary and 1 count of criminal attempt. Sentence Status Summary, Certified Record (C.R.) at 1. The Pennsylvania Department of Corrections calculated a minimum sentence date of February 11, 1994 and a maximum sentence date of December 11, 2011. Id. The Board released Malcomb on parole on his minimum release date of February 11, 1994. Order to Release on Parole/Reparole, C.R. at 3. The Board subsequently recommitted Malcomb as a technical parole violator and thereafter reparoled, recommitted and reparoled him several times between 1999 and 2005. See C.R. at 7-19.

The Board, by decision mailed August 30, 2006, recommitted Malcomb as a technical parole violator and as a convicted parole violator, and recalculated his maximum sentence date to May 19, 2021. Board's Decision, 8/30/06 at 1-3, C.R. at 62-64. Malcomb, through counsel, filed a request for administrative relief challenging the Board's recalculation of his maximum sentence date. Request for Administrative Relief, 9/29/06, C.R. at 67. The Board denied Malcomb's request and affirmed its decision. Board's Decision, 1/25/07, C.R. at 69.

The Board reparoled Malcomb in 2007 and then recommitted him as a technical parole violator in 2008. Order to Release on Parole/Reparole, 1/29/07, C.R. at 70; Board's Decision, 1/25/08, C.R. at 73. Malcomb's maximum sentence date remained May 19, 2021. See Board's Decision, 1/25/08, C.R. at 73. Nearly four years after being recommitted, Malcomb again objected to his maximum sentence date. See Request for Administrative Relief, 12/15/11 at 1, C.R. at 170. The Board denied Malcomb's challenge, noting that he had already contested this maximum sentence date in 2006, and that its regulations prohibit second or subsequent requests for administrative relief. Board's Decision, 1/9/12, C.R. at 173 (citing 37 Pa. Code § 73.1). In 2012, Malcomb filed a petition for administrative relief, again objecting to, among other things, his maximum sentence date of May 19, 2021.

See Board's Decision, 11/19/12, C.R. at 177. The Board denied Malcomb's challenge of his maximum sentence date for the same reasons set forth in its previous denial. Id.

The Board reparoled Malcomb in 2013, and then recommitted him as a convicted parole violator by decision mailed February 14, 2017. Order to Release on Parole/Reparole, 10/29/13, C.R. at 181; Board's Decision, 2/14/17 at 1-2, C.R. at 255-56. The Board...

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