United States District Court, S.D. New York
REPORT AND RECOMMENDATION
GABRIEL W. GORENSTEIN, Magistrate Judge.
NahShon Jackson, an inmate at Sing Sing Correctional Facility in Ossining, New York, brings this petition for a writ of habeas corpus to challenge a decision by the New York State Board of Parole ("Parole Board") denying his application to be released from prison. As discussed below, Jackson's petition should be dismissed because his claim has not been exhausted. Jackson's other requests for relief, including his purported motion for a preliminary injunction, should be denied.
In 1988, Jackson pled guilty to first-degree assault in Nassau County Court. See State Court Record (annexed as Ex. 1 to Answer, filed May 16, 2014 (titled Response to Petition for Writ of Habeas Corpus on ECF, Docket #12)) ("SR"), at 1. Later that year, he was sentenced to an indeterminate term of 3 ½ to 10 years imprisonment. See id. Jackson was released from prison on September 23, 1992. See id. at 2. He was placed on parole supervision through July 28, 1997, which was the maximum term of his indeterminate sentence. Id.
Two months after his release, on November 24, 1992, Jackson was arrested and charged with murder and robbery in Suffolk County, New York. Id. at 4. The Parole Board did not immediately declare Jackson to be delinquent in his parole supervision, see id. at 3, 9 (Board Action reports dated December 30, 1992 and May 12, 1993, recording "No delinquency pending court action"), apparently because a Suffolk County Assistant District Attorney requested that the Parole Board not conduct a parole revocation hearing until after the criminal case had been completed, see id. at 4.
After a trial in Suffolk County, Jackson was convicted of second-degree murder and firstdegree robbery. See id. at 12. On January 25, 1995, he was sentenced to concurrent, indeterminate terms of imprisonment of 25 years to life for the second-degree murder and 12 ½ to 25 years for the first-degree robbery. Id.
Several months later, on April 18, 1995, the Parole Board issued a "Notice of Final Declaration of Delinquency." Id. at 14. The Parole Board concluded that Jackson's conviction reflected a violation of the terms of his parole supervision. See id. The Parole Board notice stated that the time period from November 16, 1992 (Jackson's "date of delinquency") through July 28, 1997, the scheduled maximum expiration date of his 1988 sentence, could be added to the maximum expiration term of his new sentence. See id.
On June 25, 2013, the Parole Board held a hearing on Jackson's release before Commissioners Hernandez and Elovich. See id. at 23. At that hearing, Commissioner Hernandez asked Jackson several questions about his second arrest, conviction, and sentence. The relevant portions of the hearing transcript read as follows:
Q: The record indicates you were found guilty and sentenced to twenty-fiveto-life for murder in the second degree with concurrent term of twelveand-a-half-to-twenty-five for robbery in the first degree, is that correct?
A: Well, I dispute that and the reason why I dispute that is, I don't know if you looked at my parole records, I have been trying to get the attention of Terrance [sic] Tracy, who is the Board Counsel, to investigate my situation to the extent that I am claiming that I was never indicted for this incident.
Q: According to the record I have here, says you and three other individuals on Long Island went into McDonald's in Central Islip back in 1992, says seven employees were threatened at gunpoint and one employee ended up being shot and killed. The record indicates, sir, that you were found guilty and sentenced back in 1995 and I already read what that sentence is. Okay. I do see this is your second time in State prison. The first time was for assault first back in 1988. The record indicates you were under parole supervision when you were involved in the instant offense. Anything that you want to say?
A. First and foremost, when I got arrested in [sic] November 24th, 1992, I got arrested upon making my parole appearance in Nassau County, my parole officer at that time.
Q: So what happened that you got caught up in this? Are you saying you didn't commit the crime?
A: I maintained my innocence throughout the whole proceeding and basically I explained to you how this whole proceeding, this whole matter, how I ended up in prison.
Q: You are still maintaining your innocence. Did you know any of ...