Opinion

Klein v. Commonwealth of Pennsylvania Board of Probation and Parole

Court
District Court, M.D. Pennsylvania
Filed
Apr 25, 2023
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RYAN KLEIN, :

Petitioner :

: No. 1:22-cv-00984

v. :

: (Judge Rambo)

COMMONWEALTH OF :

PENNSYLVANIA BOARD OF :

PROBATION AND PAROLE, :

Respondent :

MEMORANDUM

Petitioner Ryan Klein initiated the above-captioned pro se action by filing a

petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Klein challenges

two decisions by the Pennsylvania Board of Probation and Parole (Parole Board) to

adjust his maximum sentence date following parole violations. Because Klein’s

habeas claim is both procedurally defaulted and barred by the relevant statute of

limitations, the Court must dismiss his Section 2254 petition.

I. BACKGROUND

In 2007, Klein pled guilty to, among other charges, aggravated assault with a

deadly weapon,1 aggravated assault causing bodily injury to an on-duty officer,2

burglary,3 and reckless endangerment.4 (See Doc. No. 1-3 at 1.) Klein’s initial

1 18 PA. CONS. STAT. § 2702(a)(4).

2 18 PA. CONS. STAT. § 2702(a)(3).

3 18 PA. CONS. STAT. § 3502(a).

4 18 PA. CONS. STAT. § 2705.

sentence for these offenses had a minimum release date of June 14, 2012, and a

maximum release date of June 14, 2022. (See id.) It appears that Klein was released

on parole on June 17, 2012, three days after his minimum sentence date had elapsed.

(See Doc. No. 1-2 at 1.) However, Klein violated his parole by committing a new

offense and, due to this parole violation, on April 15, 2014, the Parole Board ordered

Klein to serve 12 months’ backtime and adjusted his maximum sentence date to

September 28, 2023. (See id.; Doc. No. 1-1 at 1.)

Klein was reparoled on July 12, 2015, subject to the standard condition that

he not reoffend. (See Doc. No. 1-2 at 3; Doc. No. 13-1 at 2.) Unfortunately, Klein

immediately reoffended and was charged with (and eventually pled guilty to)

multiple felony drug and assault offenses. (See Doc. No. 13-1 at 5-18.) Due to this

second parole violation, on December 8, 2016, the Parole Board ordered Klein to

serve 36 months’ backtime and adjusted his maximum date to December 19, 2024.

(See id. at 26.)

Klein challenged the Parole Board’s December 8 decision on January 15,

2017. (See id. at 29.) In his administrative appeal, he argued that the Parole Board’s

“return to custody” date of October 3, 2016, was incorrect. (See id.; Doc. No. 1-2 at

3.) Although not appearing on the face of the administrative appeal form, it seems

that Klein also implicitly challenged his adjusted maximum date of December 19,

2024. (See Doc. No. 13-1 at 32.)

On February 26, 2018, the Parole Board rejected Klein’s challenges and

affirmed his return-to-custody date and his adjusted maximum date. (See id.) The

Parole Board explained to Klein that, because Pennsylvania law provides that he is

not entitled to credit for the time he was at liberty on parole, upon his recommitment

he still had 3,000 days remaining on his original sentence. (Id. (citing 61 PA. CONS.

STAT. § 6138(a)(2)).) Moreover, the time that Klein spent in pretrial detention for

the new offenses would not count toward his previous sentence, but rather his new

convictions. (Id.) Consequently, because Klein was not credited with the time he

was free on parole and did not become available to begin serving his original

sentence again until October 3, 2016, 883 days were properly added to create a new

maximum sentence date of December 19, 2024. (Id. at 32-33.)

It does not appear that Klein appealed the Parole Board’s decision to the

Commonwealth Court of Pennsylvania. Instead, over four years later, he filed the

instant Section 2254 petition in this Court. (See generally Doc. No. 1.) Respondent

filed a response to Klein’s Section 2254 petition. (See Doc. No. 13.) Klein did not

file a reply or “traverse” and the time in which to do so has passed, so his habeas

petition is ripe for disposition.

II. STANDARD OF REVIEW

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28

U.S.C. §§ 2241-2254, mandates that petitioners demonstrate that they have

“exhausted the remedies available in the courts of the State” before seeking federal

habeas relief. Id. § 2254(b)(1)(A). An exhausted claim is one that has been “fairly

presented” to the state courts “by invoking one complete round of the State’s

established appellate review process,” and which has been adjudicated on the merits.

Carpenter v. Vaughn, 296 F.3d 138, 146 (3d Cir. 2002) (quoting O’Sullivan v.

Boerckel, 526 U.S. 838, 844-45 (1999)); see also Johnson v. Williams, 568 U.S. 289,

302 (2013).

If a state prisoner has not fairly presented a claim to the state courts “but state

law clearly forecloses review, exhaustion is excused, but the doctrine of procedural

default may come into play.” Carpenter, 296 F.3d at 146 (citations omitted).

Generally, if a prisoner has procedurally defaulted on a claim by failing to raise it in

state-court proceedings, a federal habeas court will not review the merits of the

claim, even one that implicates constitutional concerns. Martinez v. Ryan, 566 U.S.

1, 9 (2012) (citing Coleman v. Thompson, 501 U.S. 722, 747-48 (1991); Wainwright

v. Sykes, 433 U.S. 72, 84-85 (1977)).

A few limited exceptions to this rule exist. One exception is that “[a] prisoner

may obtain federal review of a defaulted claim by showing cause for the default and

prejudice from a violation of federal law.” Id. at 10 (citing Coleman, 501 U.S. at

750). “Cause for a procedural default exists where something external to the

petitioner, something that cannot fairly be attributed to him[,] . . . impeded [his]

efforts to comply with the State’s procedural rule.” Maples v. Thomas, 565 U.S.

266, 280 (2012) (alterations in original) (citations and internal quotation marks

omitted). To establish prejudice, a petitioner must show not merely that there were

errors that created a possibility of prejudice, but that they “worked to his actual and

substantial disadvantage, infecting his entire trial with error of constitutional

dimensions.” Holland v. Horn, 519 F.3d 107, 112 (3d Cir. 2008) (quoting United

States v. Frady, 456 U.S. 152, 170 (1982)). If cause and prejudice are established,

the federal court reviews the claim de novo “because the state court did not consider

the claim on the merits.” Bey v. Superintendent Greene SCI, 856 F.3d 230, 236 (3d

Cir. 2017), cert. denied sub nom. Gilmore v. Bey, 138 S. Ct. 740 (2018) (mem.)

(citation omitted).

Another rare exception that will excuse a procedural default is if the petitioner

can show that “failure to consider the claim will result in a fundamental ‘miscarriage

of justice.’” Carpenter, 296 F.3d at 146 (quoting Coleman, 501 U.S. at 750). To

satisfy the “fundamental miscarriage of justice” exception, a petitioner typically will

have to show actual innocence. Leyva v. Williams, 504 F.3d 357, 366 (3d Cir. 2007)

(citation omitted).

III. DISCUSSION

Klein raises just one argument in his habeas petition. He contends that the

Parole Board’s adjustments of his maximum sentence date violate due process and

separation-of-powers principles. (See Doc. No. 1 at 3-6.) Klein’s habeas claim is

both procedurally defaulted and barred by the statute of limitations.

A. Procedural Default

As explained above, claims raised in a Section 2254 petition must first be

exhausted in state court. Klein administratively appealed only one of the Parole

Board’s decisions extending his maximum sentence date, and he did not exhaust that

appeal. Although Klein took the first step—administrative review with the Parole

Board, see 37 PA. CODE. § 73.1—that is where his exhaustion attempts ended. Yet

proper exhaustion requires appealing to the Commonwealth Court of Pennsylvania,

see 42 PA. CONS. STAT. § 763(a), as well as seeking review with the Supreme Court

of Pennsylvania, see Williams v. Wynder, 232 F. App’x 177, 181 (3d Cir. 2007)

(nonprecedential) (explaining that, to fully exhaust a challenge to a Parole Board

decision, a Section 2254 petitioner must seek allowance of appeal with the

Pennsylvania Supreme Court following an adverse decision by the Commonwealth

Court).

Klein did not appeal to the Commonwealth Court or file a petition for

allowance of appeal with the Pennsylvania Supreme Court. The time for doing so

has long since passed, and therefore he has procedurally defaulted the instant habeas

claim. Klein provides no cause or prejudice to excuse his procedural default, so his

claim is unreviewable. See Martinez, 566 U.S. at 9.

B. Statute of Limitations

Klein’s claim is likewise barred by the AEDPA’s statute of limitations. Under

28 U.S.C. § 2244(d)(1)(A), a petitioner generally has one year from the date on

which a judgment (or agency decision, as the case may be) becomes final in which

to raise a habeas claim in federal court. See 28 U.S.C. § 2244(d)(1)(A).5 The one-

year clock is tolled for the period “during which a properly filed application for State

post-conviction or other collateral review with respect to the pertinent judgment or

claim is pending.” Id. § 2244(d)(2).

The Parole Board issued its denial to Klein’s administrative appeal in

February 2018. Klein had 30 days to appeal this denial to the Commonwealth Court.

See 42 PA. CONS. STAT. § 763(a); PA. R. APP. P. 1512(a)(1). He did not appeal, so

his AEDPA statute of limitations began to run in March 2018. Klein provides no

reason or explanation for why he waited over four years to file his Section 2254

petition, long after the one-year limitations period expired. Nor does he establish

any basis for equitable tolling. Accordingly, his petition must be dismissed as barred

by the AEDPA’s statute of limitations.

5 It is conceivable that subdivision (d)(1)(D) could apply in the instant circumstances. Section

2244(d)(1)(D) requires that a Section 2254 petition be filed within one year of “the date on which

the factual predicate of the claim or claims presented could have been discovered through the

exercise of due diligence.” 28 U.S.C. § 2244(d)(1)(D). Regardless of the subdivision utilized,

Klein’s habeas petition is well out of time.

IV. CONCLUSION

Based on the foregoing, the Court will dismiss Klein’s petition for a writ of

habeas corpus under 28 U.S.C. § 2254. The Court will likewise deny a certificate of

appealability, as Klein has failed to make a substantial showing of the denial of a

constitutional right, see 28 U.S.C. § 2253(c)(2), or that “jurists of reason would find

it debatable” whether this Court’s procedural ruling is correct, Slack v. McDaniel,

529 U.S. 473, 484 (2000). An appropriate Order follows.

s/ Sylvia H. Rambo

United States District Judge

Dated: April 25, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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