Jason Lynott v. Bill Story, Warden Fed. Corr. Inst., Ashland, Kentucky, 929 F.2d 228 (6th Cir. 1991). · Go Syfert
Jason Lynott v. Bill Story, Warden Fed. Corr. Inst., Ashland, Kentucky, 929 F.2d 228 (6th Cir. 1991). Cases Citing This Book View Copy Cite
43 citation events (20 in the last 25 years) across 7 distinct courts.
Strongest positive: Walsh v. Macauley (mied, 2022-06-23)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (rule) Walsh v. Macauley
E.D. Mich. · 2022 · confidence medium
Mich. 2001) (“Conclusory allegations that a petitioner’s equal protection rights were violated are insufficient to establish an equal protection claim that would warrant habeas relief.”) (citations omitted); Bey v. Bogan, 23 F.3d 406 (Table), 1994 WL 169729, at *2 (6th Cir. 1994) (stating that the habeas petitioner’s unsupported, conclusory statements that government agencies conspired and colluded to violate his due process rights could not establish a due process violation) (citing Lynott v. Story, 929 F.2d 228, 232 (6th Cir. 1991)).
discussed Cited as authority (rule) Raymond Twyford v. Tim Shoop
6th Cir. · 2021 · confidence medium
See Thomas v. United States, 849 F.3d 669, 680 (6th Cir. 2017) (“Rule 6(a) of the Rules Governing § 2255 Proceedings allows the district court to enable further discovery in a habeas proceeding where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is confined illegally and is therefore entitled to relief.” (citing Harris, 394 U.S. at 300 )); Hodges v. Bell, 170 F. App’x 389 , 393–94 (6th Cir. 2006) (citing Harris in a decision reversing the district court’s order requiring that the…
cited Cited as authority (rule) Miller v. Genovese
W.D. Tenn. · 2019 · confidence medium
Tenn. 2000) (citing Harris v. Nelson, 394 U.S. 286, 300 (1969); Lynott v. Story, 929 F.2d 228, 232 (6th Cir. 1991)).
cited Cited as authority (rule) United States v. James Alsante
6th Cir. · 2016 · confidence medium
Lynott v. Story, 929 F.2d 228, 230-32 (1991).
cited Cited as authority (rule) Sutton v. Bell
E.D. Tenn. · 2010 · confidence medium
Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
discussed Cited as authority (rule) Johnson v. Mitchell
6th Cir. · 2009 · confidence medium
A district court may, however, permit discovery in a habeas proceeding if the “petitioner presents specific allegations showing reason to believe that the facts, if fully developed, may lead the district court to believe that federal habeas relief is appropriate.” Lott, 261 F.3d at 602 (citing Rule 6(a) of the Rules Governing Section 2254 Proceedings for the United States District Courts; Lynott v. Story, 929 F.2d 228, 232 (6th Cir. 1991)).
discussed Cited as authority (rule) Van Johnson v. Mitchell
6th Cir. · 2009 · confidence medium
A district court may, however, permit discovery in a habeas proceeding if the “petitioner presents specific allegations showing reason to believe that the facts, if fully developed, may lead the district court to believe that federal habeas relief is appropriate.” Lott, 261 F.3d at 602 (citing Rule 6(a) of the Rules Governing Section 2254 Proceedings for the United States District Courts; Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991)).
discussed Cited as authority (rule) United States v. Brennan, III
4th Cir. · 2008 · signal: cf. · confidence medium
Even if the district court’s refusal to grant a continuance required Brennan “to choose between asserting his right to silence and pursuing what he believed to be the most effective defense against revocation does not mean that [he] faced the kind and intensity of coercion that could deprive him of the right against compelled self-incrimination.” Id.; see also id. at 109 (rejecting a “bright line rule that federal courts should delay revocation *57 proceedings until after the disposition of state charges that form the basis of revocation requests”); cf. Lynott v. Story, 929 F.2d 228,…
discussed Cited as authority (rule) Hughes v. Phillips
S.D.N.Y. · 2006 · confidence medium
Bracy, supra, at 908-09 , 117 S.Ct. 1793 ; Harris v. Nelson, 394 U.S. 286, 300 , 89 S.Ct. 1082 , 22 L.Ed.2d 281 (1969); Zettlemoyer v. Fulcomer, 923 F.2d 284 (3rd Cir.), cert. denied, 502 U.S. 902 , 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991); Linares v. Senkowski, 964 F.2d 1295 , 1296 n. 1 (2nd Cir.), cert. denied, 506 U.S. 986 , 113 S.Ct. 494 , 121 L.Ed.2d 432 (1992); Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991); Munoz v. Keane, 777 F.Supp. 282, 287 (S.D.N.Y.1991), aff 'd 964 F.2d 1295 .
discussed Cited as authority (rule) Gregory Lott v. Ralph Coyle, Warden (2×)
6th Cir. · 2001 · confidence medium
See Rule 6(a) of Rules Governing Section 2254 Proceedings for the United States District Courts; Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
cited Cited as authority (rule) Payne v. Bell
W.D. Tenn. · 2000 · confidence medium
See Harris v. Nelson, 394 U.S. 286, 300 , 89 S.Ct. 1082 , 22 L.Ed.2d 281 (1969); Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
discussed Cited as authority (rule) Jones v. Jones
E.D. Tenn. · 1999 · confidence medium
Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991). “[Reviewing court[s] must remember that ‘counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.’ ” Wong v. Money, 142 F.3d 313, 319 (6th Cir.1998), quoting Strickland v. Washington, 466 U.S. at 690, *860 104 S.Ct. 2052 .
cited Cited as authority (rule) Jackie Lee Atkins v. Bradley Smythe
6th Cir. · 1996 · confidence medium
Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991). 13 Upon de novo review of the record, we conclude that the examples of error set forth by Atkins revolve around a sound trial strategy.
discussed Cited as authority (rule) United States v. Diane Allison
6th Cir. · 1995 · confidence medium
In order to succeed on an ineffective assistance of counsel claim, a defendant must establish that: "(1) his counsel's performance was constitutionally deficient; and (2) the prejudice resulting from his counsel’s errors deprived him of a fair hearing." Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991) (citations omitted).
discussed Cited as authority (rule) United States v. Chandar Snow
6th Cir. · 1995 · confidence medium
In order to succeed on his Sixth Amendment claim, the defendant must establish that: ■ “(1) his counsel’s performance was constitutionally deficient; and (2) the prejudice resulting from his counsel’s errors deprived him of a fair hearing.” Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991) (citations omitted).
cited Cited as authority (rule) Larry Noal White v. United States
6th Cir. · 1994 · confidence medium
Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
discussed Cited as authority (rule) George Flahardy v. United States
6th Cir. · 1993 · confidence medium
Strickland v. Washington, 466 U.S. 668, 689 (1984); Hill v. Lockhart, 474 U.S. 52, 59 (1985). 7 Finally, the district court properly denied Flahardy's request for the production of documents. "[A] court must provide discovery in a habeas corpus proceeding only 'where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is confined illegally and is therefore, entitled to relief....' " Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991) (quoting Harris v. Nelson, 394 U.S. 286, 300 (1969)).
cited Cited as authority (rule) Ronald J. Beden-El v. John Prelesnik
6th Cir. · 1991 · confidence medium
Strickland v. Washington, 466 U.S. 668 (1984); Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
cited Cited "see" Haifa Goryoka v. Quicken Loan Incorporated
6th Cir. · 2013 · signal: see · confidence high
See Iqbal, 556 U.S. at 678 , 129 S.Ct. 1937 ; see Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
cited Cited "see" Bowerman v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America
6th Cir. · 2011 · signal: see · confidence high
See Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991) (stating that conclusory statements are insufficient to meet the burden of production and persuasion).
cited Cited "see" Bowerman v. UAW LOCAL 12
6th Cir. · 2011 · signal: see · confidence high
See Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991) (stating that conclusory statements are insufficient to meet the burden of production and persuasion).
discussed Cited "see" John W. Byrd, Jr. v. Terry L. Collins, Warden (2×) also: Cited "see, e.g."
6th Cir. · 2000 · signal: see · confidence high
In these circumstances, "it is the duty of the court to provide the necessary facilities and procedures for an adequate inquiry." Id. (emphasis added); see Bracy v. Gramley, 520 U.S. 899, 908-09 (1997) (holding it is an abuse of discretion to deny discovery when specific factual allegations, if fully developed, would entitle petitioner to relief); see alsoLynott v. Story, 929 F.2d 228, 232 (6th Cir. 1991); McDaniel v. United States Dist.
cited Cited "see" United States v. Atkin
N.D. Ohio · 2000 · signal: see · confidence high
See Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991).
cited Cited "see" Benjamin F. Sallee, Jr. v. United States Parole Commission Daniel Dove, as Warden, Federal Correctional Institution
6th Cir. · 1996 · signal: see · confidence high
See Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991). 7 Accordingly, the motion for pauper status is granted, the motion for bond is denied, and the judgment of the district court is affirmed.
discussed Cited "see, e.g." Keenan v. Bagley
N.D. Ohio · 2003 · signal: see also · confidence low
“At the very least, it is clear that there was no intention to extend to habeas corpus, as a matter of right, the broad discovery [afforded in] ordinary civil litigation.” Harris v. Nelson, 394 U.S. 286, 295 , 89 S.Ct. 1082 , 22 L.Ed.2d 281 (1969) (citation omitted); see also Lynott v. Story, 929 F.2d 228 (6th Cir.1991)(following Harris).
discussed Cited "see, e.g." Byrd v. Collins
6th Cir. · 2000 · signal: see also · confidence medium
Petitioner, on the other hand, called only one witness, to relief); see also Lynott v. Story, 929 F.2d 228, 232 (6th Cir. a police officer who identified some of Woodall’s clothing. 1991); McDaniel v. United States Dist.
discussed Cited "see, e.g." United States v. Phifer
E.D. Mich. · 1998 · signal: see also · confidence medium
See United States v. Snow, 48 F.3d 198, 199 (6th Cir.1995); see also Lynott v. Story, 929 F.2d 228, 232 (6th Cir.1991). *1009 Even had the Court not assessed a 3-level enhancement pursuant to U.S.S.G. § 3Bl.l(b), the defendant’s guideline range for the drug trafficking offense would have been 51-63 months, 4 plus, 60 months for the 924(c) conviction.
Retrieving the full opinion text from the archive…
Jason LYNOTT, Petitioner-Appellant,
v.
Bill STORY, Warden; Federal Correctional Institution, Ashland, Kentucky; Et Al., Respondents-Appellees
89-6550.
Court of Appeals for the Sixth Circuit.
Mar 26, 1991.
929 F.2d 228
1991 U.S. App. LEXIS 4836
1991 WL 38191
Lee W. Rowland, Michael T. Palermo (argued), Lexington, Ky., for petitioner-appellant., Louis DeFalaise, U.S. Atty., Lawrence R. Carmichael, Asst. U.S. Atty., Office of the U.S. Atty., Lexington, Ky., Richard K. Preston, II (argued), U.S. Parole Com’n, Chevy Chase, Md., for respondents-appel-lees.
Guy, Krupansky, Suhrheinrich.
Cited by 31 opinions  |  Published
SUHRHEINRICH, Circuit Judge.

This is an appeal by a federal prisoner, Jason Lynott, from the district court’s judgment dismissing his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2241, alleging that the Parole Commission (“the Commission”) deprived him of a fair and constitutionally adequate parole revocation hearing. [1] For the reasons stated below, the district court’s order denying Lynott’s petition for a writ of ha-beas corpus is affirmed.

I.

In 1979, petitioner was paroled from a twenty-six (26) year sentence which was imposed in 1973. Petitioner’s parole was revoked in 1981, after violating the terms of his release. Petitioner was granted parole for a second time later in 1981. After violating the terms of his second release, petitioner’s parole was again revoked in 1983. Petitioner was granted parole for the third time on October 8, 1986. Thereafter, by letter dated June 4, 1987, the Commission was informed that petitioner had been arrested on charges of violation of the Georgia Controlled Substances Act and felony theft by deception. As a result of these charges, the Commission issued a warrant charging petitioner with violation of the conditions of his release. After petitioner was indicted by the State of Georgia on both charges, the parole violation warrant was executed and, on October 21, 1987, petitioner was again taken into federal custody.

At a preliminary interview on November 4, 1987, petitioner denied both charges against him. In a letter dated December 3, 1987, petitioner requested that he be permitted to retain a stenographer for his revocation hearing, a request which was ultimately denied pursuant to Commission Guidelines. By letters dated January 20 and 21, 1988, the Commission informed petitioner that it would not subpoena favorable witnesses, as was requested by petitioner, without a showing of good cause as required under the Commission Guidelines.

After the Commission granted four separate requests for a continuance, petitioner’s hearing was held in Atlanta, Georgia on June 14, 1988. On the advice of his attor[*230] ney, petitioner asserted his fifth amendment right not to testify at the revocation hearing, except to the extent of denying the charges against him. No favorable witnesses were called by petitioner to testify on his behalf. Two adverse witnesses testified against petitioner concerning the criminal charges brought against him and each witness was offered for cross-examination. After considering the evidence and testimony presented at the revocation hearing, the Commission revoked petitioner’s parole on July 6, 1988.

On December 20, 1988, the Commission’s decision to revoke petitioner’s parole was affirmed by the National Appeals Board, under 28 C.F.R. § 2.26. Thereafter, Lynott filed a petition for a writ of habeas corpus, under 28 U.S.C. § 2241, alleging constitutional infirmities in his parole revocation proceedings. Lynott’s petition was denied by the district court upon de novo review of the magistrate’s report and recommendation to deny the petition. At the same time, the district court denied Lynott’s request for production of documents which would have allegedly shown “bias” in the handling of his case by the Parole Commission.

Lynott appeals the district court’s denial of his petition for habeas corpus and the district court’s denial of his discovery request. Specifically, Lynott raises three main arguments. First, Lynott contends that his fifth amendment right against self-incrimination was violated because his parole revocation was conducted prior to the trial of criminal charges against him without the benefit of “use” immunity for his testimony. Second, Lynott argues that he was denied his sixth amendment right to effective assistance of counsel at his parole revocation hearing. Third, Lynott argues that the district court’s denial of his request for production of documents from the Commission denied him of due process of the law under the fourteenth amendment.

II.

A. Fifth Amendment Claim

Under certain circumstances, testimony is considered “compelled” when a person is subjected to a penalty as a result of invoking his fifth amendment privilege not to testify. See Lefkowitz v. Cunningham, 431 U.S. 801, 805-06, 97 S.Ct. 2132, 2135-36, 53 L.Ed.2d 1 (1977). Petitioner argues that he was penalized for invoking his fifth amendment right not to testify because, in the absence of “use” immunity for his testimony, he was unable to defend against the revocation charges without risking the possibility that his statements would be used against him in the later criminal proceeding. We disagree, finding that a parolee’s fifth amendment rights are not violated unless “certain non-criminal sanctions” are imposed on the parolee as a direct result of his refusal to testify. .

It is well settled that a court is not constitutionally bound to postpone a probation revocation hearing pending conclusion of a federal or state criminal proceeding upon which parole revocation is sought. United States v. Rilliet, 595 F.2d 1138, 1140 (9th Cir.1979); United States v. Brugger, 549 F.2d 2, 4-5 (7th Cir.), cert. denied, 431 U.S. 919, 97 S.Ct. 2186, 53 L.Ed.2d 231 (1977); Flint v. Mullen, 499 F.2d 100, 103-04 (1st Cir.), cert. denied, 419 U.S. 1026, 95 S.Ct. 505, 42 L.Ed.2d 301 (1974); United States v. Markovich, 348 F.2d 238, 240 (2d Cir.1965). However, there is a split of authority as to whether the fifth amendment requires that “use” immunity be afforded to a parolee who faces a revocation hearing prior to the resolution of the criminal charges against him.

In Melson v. Sard, 402 F.2d 653 (D.C.Cir.1968), the District of Columbia Circuit held that, under the fifth amendment, use immunity must be afforded to a person who is confronted with a parole revocation hearing prior to the resolution of the criminal charges against him. In requiring use immunity as a matter of constitutional law, the court noted:

If a parolee is not given the full and free ability to testify in his own behalf and present his case against revocation, his right to a hearing before the Board would be meaningless. Furthermore, his[*231] Fifth Amendment rights must not be conditioned “by the exaction of a price.”

Melson, 402 F.2d at 655 (citing Garrity v. State of New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967)). The court repeatedly emphasized that a parolee must be allowed to testify freely if confronted by a parole revocation hearing conducted prior to the criminal charges underlying the revocation charge. Melson, 402 F.2d at 655.

On nearly identical facts as those in Mel-son, the First and Ninth Circuits have held that no fifth amendment rights are implicated, reasoning that since there is no element of “compulsion” in the revocation proceeding, use immunity need not be afforded to the parolee. Ryan v. Montana, 580 F.2d 988 (9th Cir.1978), cert. denied, 440 U.S. 977, 99 S.Ct. 1548, 59 L.Ed.2d 796 (1979); Flint v. Mullen, 499 F.2d 100 (1st Cir.) (per curiam), cert. denied, 419 U.S. 1026, 95 S.Ct. 505, 42 L.Ed.2d 301 (1974). The Ninth Circuit in Ryan rejected the Melson analysis outright, noting that the privilege not to testify always involves some negative consequences. Ryan, 580 F.2d at 991. Relying on Supreme Court cases not mentioned in Melson or decided thereafter, the Ninth Circuit concluded that the “price” imposed for invoking the privilege not to testify must amount to “certain non-criminal sanctions” in order to implicate the fifth amendment. Ryan, 580 F.2d at 990-91 (relying on Lefkowitz v. Cunningham, 431 U.S. 801, 97 S.Ct. 2132, 53 L.Ed.2d 1 (1977) (immunity must be afforded only in cases in which the “refusal to waive the Fifth Amendment privilege leads automatically and without more to imposition of sanctions.”)). See also Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082 (1968) (fifth amendment was violated when policeman was discharged from the police force for failure to waive privilege against self-incrimination before grand jury); Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967) (fifth amendment was violated when statements were coerced under threat of discharge from police force for refusal to answer); Spevack v. Klein, 385 U.S. 511, 87 S.Ct. 625, 17 L.Ed.2d 574 (1967) (plurality opinion of four justices) (fifth amendment was violated when lawyer was disbarred as a result of his refusal to produce documents protected by the attorney-client privilege). In concluding that “certain noncriminal sanctions” were not imposed on a parolee who faced a revocation hearing pri- or to a trial on the criminal charges alleged against him, the Ryan court stated:

No sanction followed automatically from [the parolee’s] exercise of the privilege to remain silent. Rather, the absence of exculpatory information which [the parolee] might have furnished if he had decided to testify “was only one of a number of factors” which might figure in the probation revocation and sentencing determinations.

Ryan, 580 F.2d at 990-91. The court also emphasized that immunity was not necessary to protect the fifth amendment rights of a parolee in this situation.

[A]s previously stated, our rule forbidding use of the parole or probation system as a subterfuge for a criminal investigation, United States v. Consuelo-Gonzalez, 521 F.2d 259 (9th Cir.1975), eliminates the possibility that the probation revocation and sentencing hearing might be used as a device to coerce discovery. This safeguard blunts any disadvantages associated with the decision to testify in the probation proceeding.

Ryan, 580 F.2d at 993.

We agree with the Ninth Circuit’s decision in Ryan that, under the Supreme Court’s decisions in Lefkowitz, Gardner, Garrity, and Spevack, “certain non-criminal sanctions” must be imposed as a direct consequence of invoking the privilege not to testify, in order for a fifth amendment violation to occur. As in Ryan, petitioner’s parole in this case was not revoked because he incidentally invoked his right not to testify but, instead, because the evidence presented at the hearing sufficiently established that he had violated the terms of his parole. Two witnesses testified against the petitioner at the hearing and the police report and state indictment were offered to support the allegations made against him. Petitioner had the right to cross-examine adverse witnesses, to call favorable wit[*232] nesses or to otherwise present evidence in his defense. The fact that petitioner failed to offer such exculpatory evidence and failed to call favorable witnesses to testify on his behalf, thereby arguably increasing the impact of his failure to testify, does not enhance his fifth amendment claim.

B. Sixth Amendment Claim

Petitioner next argues that he was denied his sixth amendment right to effective assistance of counsel because he was prevented from having meaningful contact with his attorney prior to the parole revocation hearing and, further, because his attorney failed to call favorable witnesses in his defense. Upon a review of the record, we find petitioner’s arguments without merit.

In order to succeed on his sixth amendment claim, petitioner must establish that: (1) his counsel’s performance was constitutionally deficient; and (2) the prejudice resulting from his counsel’s errors deprived him of a fair hearing. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984); Smith v. Jago, 888 F.2d 399, 404 (6th Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 2572, 109 L.Ed.2d 754 (1990). In order to prove the element of prejudice, petitioner must show that had it not been for his counsel’s unprofessional errors, the result of the proceeding would have been different. Young v. Miller, 883 F.2d 1276, 1280 (6th Cir.1989) (relying on Strickland, 466 U.S. at 694, 104 S.Ct. at 2068).

Petitioner argues that the Parole Commission intentionally had him transferred between various prisons so as to diminish contact between himself and his attorney. Even if we assume arguendo that the Parole Commission impaired meaningful attorney-client contact, however, petitioner has failed to establish that the allegedly impaired attorney-client contact prejudiced the outcome of his parole revocation hearing. Petitioner has not specifically identified any exculpatory evidence which would have been offered had more extensive attorney-client contact occurred. Furthermore, petitioner has failed to establish that any such evidence would have affected the Parole Commission’s decision to revoke his parole.

Petitioner next argues that his attorney was deficient in failing to call “favorable witnesses” at his revocation hearing. However, petitioner has not alleged the identity of such witnesses nor has he made any showing that their testimony would have affected the Parole Commission’s decision to revoke his parole. In sum, petitioner’s unsupported and conclusory aver-ments are insufficient to sustain his burden of establishing a violation of his sixth amendment right to effective assistance of counsel.

C. Due Process Claim

Petitioner appeals the district court’s denial of his request for production of documents from the Commission on the grounds that he was denied due process of the law under the fourteenth amendment. In considering petitioner’s argument, we remain aware of the principle that a court must provide discovery in a habeas corpus proceeding only “where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is confined illegally and is therefore, entitled to relief....” Harris v. Nelson, 394 U.S. 286, 300, 89 S.Ct. 1082, 1091, 22 L.Ed.2d 281, reh’g denied, 394 U.S. 1025, 89 S.Ct. 1623, 23 L.Ed.2d 50 (1969) (emphasis added).

Petitioner sought from the Commission production of complete parole files of twenty-three (23) inmates as well as all documents relating to petitioner’s testimony before various federal agencies concerning allegedly improper parole Commission procedures and/or actions taken against himself and other inmates. Petitioner contends that these documents would have shown that case analyst Pat Skaggs, who was responsible for making certain decisions concerning petitioner’s parole violation case, had reason to be biased against him. For instance, petitioner complains that Skaggs improperly denied his request to have a stenographer at his revocation hearing. However, the Commission Guidelines specifically and unequivocally precludes any recording devices at such hear[*233] ings. [2] Petitioner also complains that Skaggs, or someone else at the Commission, refused to subpoena favorable witnesses to appear at his hearing. However, the Commission Guidelines clearly state that petitioner must affirmatively show “good cause” why such witnesses would not voluntarily appear, a requirement which petitioner never attempted to satisfy. [3] It is clear that all of the decisions allegedly made by Skaggs from which Ly-nott complains were made pursuant to mandatory, not discretionary, written Commission Guidelines.

Even assuming that the documents petitioner requested would have established that Skaggs had a reason to be biased against him, petitioner would still not be entitled to habeas corpus relief from the Commission’s decision to revoke his parole. Petitioner has not specifically alleged bias against any of the three officers who participated in the hearing and who recommended that his parole be revoked. Furthermore, none of the documents which petitioner requested in his discovery request bear on the issue of whether he violated the terms of his parole or refute the overwhelming evidence presented against him at the hearing. [4]

AFFIRMED.

1

. In cases involving habeas relief, the scope of appellate review from decisions of the Parole Commission are limited to constitutional or other legal challenges. Farkas v. United States, 744 F.2d 37, 38-39 (6th Cir.1984).

2

. The Commission Guidelines provide: "Reporter or recorder devices brought in by the alleged violator or his attorney are not permissible. No reproduction of the hearing other than provided by the Commission will be permitted.” Commission Guidelines § 2.50-03.

3

. The Commission Guidelines provide, in relevant part:

(a) While the Commission’s subpoena power is broad, its use should, except in emergencies, be restricted to adverse witnesses within the district where the proceeding is held, when such persons have refused to attend or are unlikely to attend. A subpoena for a requested adverse witness from outside the district should be issued only when an affidavit in lieu of testimony is insufficient to settle the factual dispute raised by the alleged violator.
(b) The alleged violator bears a heavy burden to prove that a witness to testify on his behalf will not appear voluntarily or give a written statement without subpoena. The witness should be essential to determining the basic facts in genuine dispute, rather than merely testimonial to mitigating circumstances, which can more conveniently be obtained by letter or affidavit.

Commission Guidelines § 2.51-04 (emphasis added); see abo 28 C.F.R. § 2.51.

4

. In addition to his fifth, sixth, and fourteenth amendment claims, petitioner set forth to the district court fifteen (15) other reasons why his revocation proceedings were constitutionally inadequate. To the extent petitioner has attempted to raise these same arguments on appeal, we reject them for the same reasons stated in the magistrate's report and recommendation, which was adopted by the district court on November 29, 1989.