Riley v. Baldwin

Plaintiff appeals the trial court’s sua sponte dismissal of his petition for habeas corpus. We reverse and remand.

Plaintiff argues that the court erred in dismissing his petition because he stated a claim for relief. Plaintiff alleged that he surrendered and was taken into custody because of a parole violation and, after a hearing, that the Board of Parole and Post-Prison Supervision (Board) ordered that he serve 121 days for the violation. He alleged that he had served the 121 days by the time the Board imposed the sanction for the violation and that he was entitled to “immediate re-parole,”…