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Madley v. United States Parole Commission

District of Columbia federal court is "state court" for purposes of 28 U.S.C. ' 2253(c), requiring prisoner to obtain certificate of appealability to contest district court's denial of habeas petition alleging unconstitutional denial of parole.

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Argued September 4, 2001

Ronald Lee Madley was convicted and sentenced to prison by the Superior Court of the District of Columbia, later released on parole, and then had his parole revoked. After serving an additional year of his sentence, Madley had a reparole hearing at which reparole was denied. Madley then made a pro se petition for a writ of habeas corpus to the United States District Court for the District of Columbia, naming the United States Parole Commission as respondent and complaining of alleged abuse of discretion and denial of procedural due process in the Commission’s reparole decision. The district court filed the petition April 27, 2000 and on the same day filed a memorandum order dismissing the petition without requiring a response, on the grounds that Mr. Madley had no constitutionally protected liberty interest in parole and therefore had not been deprived of a constitutional right. Memorandum and Dismissal Order, Madley v. U.S. Parole Commission, No. CV00918 (D.D.C. Apr. 27, 2000).

Madley made a timely motion under Rule 60 which the district court denied. Fed. R. Civ. P. 60. Order Denying Reconsideration, Madley v. U.S. Parole Commission, No. CV00918 (D.D.C. May 31, 2000). Madley filed a timely notice of appeal. He made no apparent effort to obtain a certificate of appealability (“COA” hereafter), and the district court made no apparent effort to grant or deny one. See generally 28 U.S.C. s 2253(c); Fed. R. App. P. 22(b). To assist us with the issues presented, we appointed amicus to make arguments on behalf of appellant Madley. We now dismiss his appeal on the grounds that we have no jurisdiction, for the reasons that follow.

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