JUDD v. BAER

No. 89-8867 Non-Argument Calendar.

911 F.2d 571 (1990)

David Neal JUDD, Petitioner-Appellant, v. Benjamin F. BAER, Chairman, United States Parole Commission, Joseph S. Petrovsky, Warden, United States Penitentiary/Atlanta, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 7, 1990.


Attorney(s) appearing for the Case

Amy Berne Kaminshine, Atlanta, Ga., for respondents-appellees.

David Neal Judd, pro se.

Before TJOFLAT, Chief Judge, and FAY and JOHNSON, Circuit Judges.


PER CURIAM:

This case presents the novel question of whether the failure of the National Appeals Board of the Parole Commission (NAB) to render a decision within sixty days of receipt of an appeal, as mandated by Title 18 U.S.C. sec. 4215(b), creates an entitlement to habeas relief on the part of the prisoner or parolee awaiting the decision. We answer this question in the negative and AFFIRM the district court's dismissal of appellant's petition for habeas corpus...

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