United States ex rel. Brown v. Pennsylvania Board of Parole

MEMORANDUM AND ORDER

MASTERSON, District Judge.

In this habeas corpus petition, relator challenges the constitutionality of the Pennsylvania Statute authorizing the Pennsylvania Parole Board to recommit parolees who are convicted of crimes for the balance of their unexpired sentence without giving them credit for “street” time while on parole. 61 P.S. § 331.21a(a).

Although relator has not raised this issue before the state courts and thus has not exhausted state remedies, since the state law on this question is well-settled, Commonwealth ex rel. Thomas v. Myers, 419 Pa. 577, 215 A.2d 617…