James T. Hyland v. Department of Correction, Commonwealth of Massachusetts

ALDRICH, Chief Judge.

This is an application for a certificate of probable cause, the district court having dismissed, without hearing, defendant Hyland’s petition for a writ of ha-beas corpus upon an opinion by a magistrate, and refused a certificate.

In this case we have reached what we hope is the ultimate limit of nonsense. While confined under a 1961 sentence, defendant, pursuant to a Massachusetts statute, obtained 50 days credit for contributions to the blood bank. Mass.G.L. c. 127 § 129A. Thereafter, prior to the service of his entire sentence, he was paroled. While on parole defendant…