“state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process.”
How later courts described this case
- “state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process.”
Written by the judges who cited it.
The opinion
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
ALBERT MCARTHUR, : CIV. NO. 20-7316(RMB)
:
Petitioner :
:
v. : OPINION
:
NEW JERSEY STATE PAROLE :
BOARD, et al., :
:
Respondents :
BUMB, United States District Judge
Petitioner Albert McArthur is a prisoner confined in the
Southern State Correctional Facility in Delmont, New Jersey. He
brings this petition for writ of habeas corpus under 28 U.S.C. §
2241, challenging the denial of parole by the New Jersey State
Parole Board (“NJPB”) on February 3, 2020, and denial of a medical
furlough by the New Jersey Department of Corrections (“NJDOC”) on
May 14, 2020, pursuant to Executive Order No. 124. (Pet., Dkt. No.
1.) Petitioner has paid the filing fee for a petition for writ of
habeas corpus. Therefore, the Court will reopen this action.
The New Jersey Supreme Court recently addressed the
procedural due process protections and judicial review available
when the NJPB denies parole and the NJDOC denies medical furlough
under Governor Philip D. Murphy’s Executive Order 124. Matter of
Request to Modify Prison Sentences, No. 084412, 2020 WL 3022885
(N.J. June 5, 2020). “[A]n inmate can pursue an appeal as of right
before the Appellate Division, R. 2:2-3(a)(2).” Id. at *15.
Further, when a state prisoner seeks habeas relief from a state
parole board decision, the avenue for relief is a petition for
writ of habeas corpus under 28 U.S.C. § 2254. Coady v. Vaughn, 251
F.3d 480, 485 (3d Cir. 2001).
Before habeas review under § 2254 is available in federal
court, a prisoner must exhaust his states remedies by appealing to
the Appellate Division and seeking discretionary review from the
New Jersey Supreme Court. O'Sullivan v. Boerckel, 526 U.S. 838,
845 (1999) (“state prisoners must give the state courts one full
opportunity to resolve any constitutional issues by invoking one
complete round of the State's established appellate review
process.”) Whereas the New Jersey Supreme Court likened the medical
furlough available at the discretion of the NJDOC to a parole
decision, the avenue for habeas relief is also under § 2254, after
exhausting state remedies. See Matter of Request to Modify Prison
Sentences, 2020 WL 3022885, at *12-13 (holding state prisoner has
an expectation of eligibility for release under Executive Order
124).
According to the petition and attached exhibit, Petitioner
has not exhausted his state remedies. In his letter seeking to
reopen this matter, Petitioner indicated that his final
administrative appeal of the NJPB has been completed. (Letter,
Dkt. No. 1.) However, according to the New Jersey Supreme Court in
Matter of Request to Modify Prison Sentences, the avenue for relief
from a decision of the NJPB is a habeas petition under 28 U.S.C.
§ 2254, but only after exhausting state remedies, which first
requires appeal to the Appellate Division and the New Jersey
Supreme Court. Further, a state prisoner must appeal the NJDOC’s
denial of medical furlough to the Appellate Division. Petitioner
has not shown that he exhausted the state court remedies for either
of his claims. Thus, the Court will dismiss the petition without
prejudice. After exhaustion of state remedies, Petitioner may
bring a petition for writ of habeas corpus under 28 U.S.C. § 2254,
rather than 28 U.S.C. § 2241.
An appropriate Order follows.
Date: July 1, 2020
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge