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PARNESS v. UNITED STATES PAROLE COM'N

No. 80 Civ. 0269 (KTD).

488 F.Supp. 102 (1980)

Milton PARNESS, Plaintiff, v. The UNITED STATES PAROLE COMMISSION and the Warden, Metropolitan Correctional Center, Defendants.

United States District Court, S. D. New York.

March 31, 1980.

Attorney(s) appearing for the Case

Saxe, Bacon & Bolan, P.C., New York City, for plaintiff; Michael Rosen, New York City, of counsel.

William M. Tendy, U. S. Atty., S. D. New York, New York City, for defendants; Barbara L. Schulman, Asst. U. S. Atty., New York City, of counsel.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

Generally, the question of whether a federal prisoner is entitled to be released on parole is one properly left to the discretion of the United States Parole Commission, [hereinafter "the Commission"]. See 28 C.F.R. § 2.1 et seq. Indeed, judicial intervention is appropriate only when the Commission has exceeded its authority or abused its discretion. This is just such a case.

The...

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