Emory John Cavender v. Gene Seabold, Warden Kentucky Parole Bd., 897 F.2d 529 (6th Cir. 1990). · Go Syfert
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Emory John Cavender v. Gene Seabold, Warden Kentucky Parole Bd., 897 F.2d 529 (6th Cir. 1990). Cases Citing This Book View Copy Cite
48 citation events (12 in the last 25 years) across 8 distinct courts.
Strongest positive: Fannie Shaw v. Aurgroup Fin'l Credit Union (ca6, 2009-01-09)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Fannie Shaw v. Aurgroup Fin'l Credit Union
6th Cir. · 2009 · confidence medium
Page 13 1991) (unpublished) (“[N]either [the district court, nor the bankruptcy court,] addressed whether the debtors’ proposed plan met the requirements of 11 U.S.C. § 1325 (a), which requires the bankruptcy court to find, inter alia, that the plan is feasible and proposed in good faith.”) (emphasis added); Hardin v. Caldwell, 897 F.2d 529, n.6 (6th Cir. 1990) (stating in dicta that “[i]n order for a debtor to obtain judicial confirmation of a Chapter 13 reorganization plan, the plan must conform with the requirements of 11 U.S.C. § 1325 . . . .”) (emphasis added); In re Hardy, 75…
discussed Cited "see" G. Anthony Montante v. James J. Blanchard
6th Cir. · 1991 · signal: see · confidence high
See Montante v. Blanchard, 897 F.2d 529 (6th Cir. 1990) (unpublished; text available on WESTLAW as 1990 WL 19683 , on Lexis as 1990 U.S.App.Lexis 3196). 5 On remand, the defendants moved to dismiss the complaint for want of standing.
discussed Cited "see" Stradford v. Rockwell International Corp.
S.D. Ohio · 1991 · signal: see · confidence high
See Bell v. Krogers, Inc., No. 89-3206, slip op. at 3 n. 2 (6th Cir. Mar. 8, 1990) [ 897 F.2d 529 (Table)] (denial of transfer from cashier position to office worker position not cognizable under section 1981).
cited Cited "see, e.g." In Re Linder
6th Cir. BAP · 1998 · signal: see, e.g. · confidence low
See, e.g., Madden v. NBD Mortgage Co. (In re Madden), 897 F.2d 529 (6th Cir.1990) (deciding appeal of a bankruptcy court’s denial of a debtor’s motion to reopen his bankruptcy ease). *829 III.
Retrieving the full opinion text from the archive…
Emory John Cavender
v.
Gene Seabold, Warden Kentucky Parole Board
89-5956.
Court of Appeals for the Sixth Circuit.
Mar 7, 1990.
897 F.2d 529
Unpublished

897 F.2d 529

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Emory John CAVENDER, Petitioner-Appellant,
v.
Gene SEABOLD, Warden; Kentucky Parole Board, Respondents-Appellees.

No. 89-5956.

United States Court of Appeals, Sixth Circuit.

March 7, 1990.

1

Before KENNEDY and RYAN, Circuit Judges, and ANN ALDRICH, District Judge.[*]

ORDER

2

Emory John Cavender appeals the order of the district court dismissing without prejudice his petition for writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

3

Cavender alleged that he was denied due process of law by the decision of the Kentucky Parole Board to not grant him parole. The district court dismissed the petition on the grounds that the Kentucky parole statute does not create a liberty interest protected by due process.

4

Upon review, we find no error. The Kentucky parole statute (Ky.Rev.Stat. Sec. 439.340) does not create a liberty interest protected by due process. Therefore, Cavender does not have a legitimate expectation of parole that cannot be denied without due process. See Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 11-13 (1979).

5

Accordingly, the order of dismissal is hereby affirmed and Cavender's request for counsel is denied. Rule 9(b)(5), Rules of the Sixth Circuit.

*

The Honorable ANN ALDRICH, U.S. District Judge for the Northern District of Ohio, sitting by designation