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Anthony Roundtree v. Superintendent

November 18, 2011

ANTHONY ROUNDTREE, PETITIONER,
v.
SUPERINTENDENT, RICKY BARTLETT RESPONDENT.



The opinion of the court was delivered by: Honorable Michael A. Telesca United States District Judge

DECISION AND ORDER

I. Introduction

Pro se Petitioner Anthony Roundtree ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254. In the instant petition, Petitioner challenges his readjusted release date following his failure to successfully complete the Willard Drug Treatment Program (hereinafter "the Willard Program"),*fn1 which he entered after violating parole.

For the reasons stated below, habeas relief is denied and the petition is dismissed.

II. Factual Background and Procedural History

A. Petitioner's Conviction

In March 2007, Petitioner was convicted, upon a plea of guilty, in New York State, County Court, Niagara County, of Burglary in the Third Degree (New York Penal Law ("Penal Law") § 140.20) and Attempted Burglary in the Third Degree (Penal Law §§ 110.00, 140.20). For those convictions, he was sentenced, as a second felony offender, to an aggregate indeterminate prison term of from two and one-half years to five years. Petitioner did not appeal his judgment of conviction. See Resp't Ex. A (Sentence and Commitment Order).

B. The Parole Violation

In February 2009, Petitioner was released to parole supervision from the Ogdensburg Correctional Facility. See Resp't Ex. B (Certificate of Release to Parole Supervision and Parole Board Release Decision Notice). Pursuant to his parole conditions of release, which Petitioner signed, he was required to abstain from drug use, submit to drug testing, participate in a substance abuse treatment program, and observe a curfew. See Resp't Ex. B (Conditions of Release); Resp't Ex. C (Special Conditions of Release).

About a year later, Petitioner violated his parole. In early January 2010, Petitioner began repeatedly disregarding his curfew. He also tested positive for cocaine use. On February 23, 2010, Petitioner signed an acknowledgment affirming that he had used cocaine in violation of his conditions of release. See Resp't Ex. D (Drug and Alcohol Test Record and Acknowledgment of Drug Use).

On March 2, 2010, the Division of Parole ("DOP") issued a parole violation warrant. See Resp't Ex. E (Notice of Arrest Warrant Issued). Petitioner was charged with violating the conditions of his parole as follows: (1) failing on six separate dates to remain within his parole-approved address during nighttime curfew hours; (2) being discharged from his parole-approved address due to his failure to comply with residence rules and regulations; and (3) on two dates, possessing and using cocaine. See Resp't Ex. F (Notice of Violation Report).

C. Petitioner's Parole Revocation Hearing

Petitioner waived his right to a preliminary parole revocation hearing. On March 25, 2010, he appeared, with counsel, for his final parole revocation hearing before a DOP administrative law judge ("ALJ"). See Resp't Ex. G (Final Parole Revocation Hearing Transcript).

At the outset of the hearing, the ALJ explained that the hearing would be held to determine whether Petitioner violated the conditions of his release, and, if so, whether he should be incarcerated or returned to parole supervision. Petitioner's attorney indicated that Petitioner waived the reading of his rights with respect to the hearing, as they were found in his notice of violation form. Petitioner and his attorney both stated that he had received the relevant parole documents, and that they ...


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