Opinion

Hayden v. Ohio Adult Parole Authority

Court
District Court, S.D. Ohio
Filed
Aug 22, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION AT COLUMBUS

ROBERT O. HAYDEN,

Petitioner, : Case No. 2:23-cv-1694

- vs - District Judge Sarah D. Morrison

Magistrate Judge Michael R. Merz

TIM SHOOP, WARDEN,

Chillicothe Correctional Institution1,

:

Respondent.

REPORT AND RECOMMENDATIONS

This habeas corpus case was brought pro se under 28 U.S.C. § 2254 to contest revocation

of Petitioner’s parole (Petition, ECF No. 1). The Magistrate Judge reference in this case was

recently transferred to the undersigned to help balance the Magistrate Judge workload in this

District (Transfer Order, ECF No. 11)

Petitioner pleads one ground for relief, to wit, that he was “denied due process when the

Ohio Adult Parole Authority failed to provide him a Final Revocation hearing under the Consent

Decree, Morrissey v. Brewer 408 U.S 471 [(1972)] the Fourteenth Amendment of Due Process

Clause.” Id. at PageID 15.

Hayden asserts this Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343, but

jurisdiction in habeas corpus is created by 28 U.S.C. § 2241. Despite the mistaken citation, the

1 Tim Shoop as Warden of the Chillicothe Correctional Institution maintains custody of Petitioner and is therefore the

correct Respondent in this case. The caption is amended as set forth here.

Court does have jurisdiction, which Respondent does not dispute, of the subject matter and

personal jurisdiction over the Respondent.

Briefly stated, Hayden was convicted of rape in 1984. He was released on parole, but in

1990 again arrested for rape. Based on his 1990 conviction, the Ohio Adult Parole Authority

revoked his parole in 1990 and recommitted him to custody to serve out his two rape sentences

consecutively to each other. Respondent documents the seven parole board hearings Hayden has

received since then, the most recent being in 2018 (Return, ECF No. 6, PageID 117, citing State

Court Record, ECF 5, Exhibit 16, PageID 62).

Respondent raises a number of defenses including lack of exhaustion and that Hayden has

received all the constitutionally required hearings. It is not necessary to discuss the merits of each

of these, because the Petition is clearly untimely. Hayden’s parole was revoked in 1990, but he

did not file his Petition in this case until May 22, 2023.2 Respondent asserts the Petition was filed

well outside the applicable one-year statute of limitations adopted by the Antiterrorism and

Effective Death Penalty Act of 1996 (Pub. L. No 104-132, 110 Stat. 1214)(the "AEDPA") and

codified at 28 U.S.C. § 2244(d).

In his Amended Traverse, Petitioner asserts the AEDPA does not apply, relying on United

States v. Armour, 402 U.S. 673 (1971). That was a case to enforce the terms of a consent decree

from 1920 in the meat packing industry. A consent decree in that case resulted in a permanent

injunction and the United States brought an action alleging violation of that injunction. If Armour

believed the action was untimely, it could have raised the equitable defense of laches which it did

not. Laches is completely separate from the statute of limitations codified in § 2244. Armour is

completely inapposite. Nothing about the consent decree in Kellogg v. Shoemaker, 927 F.Supp.

2 This filing date gives Hayden the benefit of the mailbox rule adopted in Houston v. Lack, 487 U.S. 266 (1988)).

244, 247 (S.D. Ohio, 1996), exempts members of the Kellogg class from the AEDPA, even

assuming Hayden is a member of that class, which Respondent denies.

Conclusion

Based on the foregoing analysis, the Magistrate Judge respectfully recommends the

Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with

this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and

that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should

not be permitted to proceed in forma pauperis.

August 22, 2024.

NOTICE REGARDING OBJECTIONS

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the

proposed findings and recommendations within fourteen days after being served with this Report

and Recommendations. Because this document is being served by mail, three days are added under

Fed.R.Civ.P. 6, but service is complete when the document is mailed, not when it is recetved. Such

objections shall specify the portions of the Report objected to and shall be accompanied by a

memorandum of law in support of the objections. A party may respond to another party’s

objections within fourteen days after being served with a copy thereof. Failure to make objections

in accordance with this procedure may forfeit rights on appeal. #

s/ Michael R. Merz

United States Magistrate Judge

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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