Calloway v. District of Columbia Board of Parole , 103 F. App'x 740 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6283
EZRA CHARLES CALLOWAY, a/k/a Charles Smith,
Petitioner - Appellant,
versus
DISTRICT OF COLUMBIA BOARD OF PAROLE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Williams, Jr., District Judge.
(CA-03-3570-8-AW)
Submitted: June 2, 2004 Decided: August 2, 2004
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ezra Charles Calloway, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ezra Charles Calloway, Sr., a Maryland state prisoner,
seeks to appeal the order of the district court denying his request
that the District of Columbia Board of Parole be instructed to hold
a parole revocation hearing to determine if he violated his parole
in the District of Columbia. We find that Calloway’s action is
properly construed as a petition for mandamus relief. See Johnson
v. Reilly, 349 F.3d 1149, 1153 (9th Cir. 2003); Heath v. United
States Parole Commission, 788 F.2d 85, 89 (2d Cir. 1986). The
Board of Parole filed a detainer with the Maryland Division of
Correction. There is, however, “no constitutional duty to provide
[a parolee] an adversary parole hearing until he is taken into
custody as a parole violator by execution of [a] warrant.” Moody v.
Daggett, 429 U.S. 78, 89 (1976); Larson v. McKenzie, 554 F.2d 131,
132-33 (4th Cir. 1977); Gaddy v. Michael, 519 F.2d 669, 677 (4th
Cir. 1975). We affirm the district court’s order denying Calloway
relief, as Calloway has not yet been taken into custody as a parole
violator. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
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