Barnhart v. Kyler

MEMORANDUM

CONNER, District Judge.

Presently before the court are objections (Doc. 14) by petitioner, Robert S. Barnhart (“Barnhart”), to the report of the magistrate judge finding petitioner’s claim of unconstitutional denial of parole by respondent, the Pennsylvania Board of Probation and Parole (“Board”), to be procedurally barred and recommending dismissal of the petition for writ of habeas corpus without prejudice to allow petitioner to seek additional state collateral review of his claim. Petitioner contends that his procedural default should be excused. Alternatively, he requests that…