Opinion · Court of Appeals for the Fifth Circuit

Robert J. Scarpa v. U.S. Board of Parole and Walter Dunbar, Chairman

Robert J. Scarpa v. U.S. Bd. of Parole & Walter Dunbar, Chairman, 501 F.2d 992 (5th Cir. 1974)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1974-09-13
Topic
general

How later courts describe this case

  • due process does not apply to parole hearings; questioned in United States ex rel. Johnson, supra

Citator

UpLaw has not yet analyzed Robert J. Scarpa v. U.S. Board of Parole and Walter Dunbar, Chairman. The absence of a flag is not a finding that it is good law.

Cited by
27 opinions
SCARPA, v. U.S. BOARD OF PAROLE,501 F.2d 992(5th Cir. 1973)
ROBERT J. SCARPA, PETITIONER-APPELLANT, v. U.S. BOARD OF PAROLE AND WALTER
DUNBAR, CHAIRMAN ET AL., RESPONDENTS-APPELLEES.
No. 71-1602.
United States Court of Appeals, Fifth Circuit.
November 30, 1973.fn*
Robert J. Scarpa, pro se; Professor Donald Wilkes, Jr., University of Georgia School of Law, Athens, Ga., for petitioner-appellant.

John W. Stokes, Jr., U.S. Atty., Richard H. Still, Jr., Asst. U.S. Atty., Atlanta, Ga., George S. Kopp, Jerome M. Feit, Attys., Crim. Div., Dept. of Justice, Washington, D.C., for respondents-appellees.
Appeal from the United States District Court for the Northern District of Georgia; Newell Edenfield, Chief Judge.
Before BROWN, Chief Judge, and TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.
BY THE COURT:
[1] The Supreme Court of the United States having vacated the judgment of this Court and remanded the cause to this Court for consideration of the question of mootness,414 U.S. 809,94 S.Ct. 79,38 L.Ed.2d 44, and appellant having filed a motion suggesting that this cause is now moot because appellant was granted a parole effective October 29, 1973.

[2] On further consideration whereof, it is now ordered and adjudged by this Court that the order of the District Court dated February 17, 1971 dismissing appellant's complaint for failure to state a claim is hereby vacated, and this cause is remanded to the District Court with directions to enter an order dismissing appellant's complaint as moot.Page 1284
  1. This order was initially issued in typewritten form without publication. Determination as to publication of this order was subsequently made on September 13, 1974. ↩