FENDER v. THOMPSON

No. 88-7223.

883 F.2d 303 (1989)

Ray Mychel FENDER, Petitioner-Appellant, v. Charles THOMPSON, Warden; Attorney General of the State of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1989.


Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N.C., for petitioner-appellant.

Robert B. Condon, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, Va., on brief), for respondents-appellees.

Before PHILLIPS, MURNAGHAN and WILKINS, Circuit Judges.


PHILLIPS, Circuit Judge:

Ray Mychel Fender appeals the dismissal of his pro se petition for a writ of habeas corpus, wherein he challenged a formal order of the Virginia Department of Corrections (DOC or the Department) finding him permanently ineligible for parole. We reverse and remand for the issuance of a writ directing that the Department rescind its ineligibility determination.

I

In 1973, a Virginia state court found Fender guilty of...

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