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NIEVES v. BOARD OF PROBATION AND PAROLE

No. 113 M.D. 2009

983 A.2d 236 (2009)

Elias NIEVES, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, and Pennsylvania Department of Corrections and Department of Corrections Community Corrections Center, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 15, 2009.

Reargument Denied November 16, 2009.

Attorney(s) appearing for the Case

Elias Nieves, petitioner, pro se.

Debra Sue Rand, Asst. Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent, Pennsylvania Department of Corrections.

BEFORE: COHN JUBELIRER, Judge, and BUTLER, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Elias Nieves (Nieves) has filed a petition for review (Petition) in this court's original jurisdiction against the Pennsylvania Board of Probation and Parole (Board), the Department of Corrections and the Department of Corrections Community Corrections Center (CCC) (together, the Department). The Department has filed preliminary objections in the nature of a demurrer. We sustain the demurrer and dismiss the Petition with respect to...

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