United States District Court, E.D. North Carolina, Western Division
FERRIS R. LANGLEY, Plaintiff,
PAUL G. BULTER, JR., DANNY G. MOODY, and PATRICK McCRORY,  Defendants.
W. FLANAGAN UNITED STATES DISTRICT JUDGE.
matter is before the court on defendants' motion for
summary judgment (DE 25). The issues raised have been fully
briefed and are ripe for adjudication. For the following
reasons, the court grants defendants' motion.
OF THE CASE
October 22, 2015, plaintiff, a state inmate, filed this civil
rights action pro se pursuant to 42 U.S.C. §
1983. (DE 1). On April 20, 2016, the court directed plaintiff
to particularize his complaint and, specifically, to
“name the party responsible for his alleged
deprivation, the injury stemming from the party's actions
or inactions, and the alleged facts to support his
claim.” (DE 9 at 2). On May 16, 2016, plaintiff filed
his particularized complaint (“complaint”)
against defendants former Governor Pat McCrory
(“McCrory”), former Chairman of the North
Carolina Post-Release Supervision and Parole Commission
(“commission”) Paul G. Bulter, Jr.
(“Butler”), and commissioner of the commission
Danny G. Moody (“Moody”). (Complaint (DE 12)).
The court construes plaintiff's complaint to allege the
following claims: wrongful denial of parole eligibility, due
process violation, and false imprisonment. With his
complaint, plaintiff submitted the following attachments:
North Carolina General Statutes concerning parole protocol,
two pages from what plaintiff asserts are summaries of notes
regarding parole eligibility of certain inmates, and
plaintiff's grievance filed with the North Carolina
Department of Public Safety Prisons. The court completed its
frivolity review on May 27, 2016, and ordered that the case
proceed against the defendants named in the complaint.
April 3, 2017, defendants filed the instant motion for
summary judgment, including a memorandum in support of their
motion, statement of material facts, and affidavit of Mary
Stevens. Plaintiff filed a response in opposition including a
statement of material facts and appendix containing 1)
procedures for the mutual agreement parole program
(“MAPP”) under the North Carolina Department of
Correction Division of Prisons, 2) procedures relating to the
responsibilities of the commission, 3) information concerning
structured sentencing, and 4) definitions of certain crimes.
OF THE FACTS
undisputed facts are as follows. Plaintiff received suspended
sentences and probation in Pitt County Superior Court for the
following convictions on the following dates: assault
inflicting serious injury on February 20, 1990, two counts of
assault on a law enforcement officer and one count of damage
to personal property on October 22, 1990, and misdemeanor
breaking and entering on July 30, 1991. A subsequent Pitt
County conviction on August 1, 1991, for three counts of
felony breaking or entering, resulted in a three-year
sentence as a committed youthful offender and revocation of
plaintiff's probation on the prior convictions.
29, 1993, plaintiff was convicted in Pitt County of larceny
from the person, a Class H felony, for which he received an
active term of imprisonment of seven years with a
recommendation for work release. On June 7, 1994, plaintiff
was granted community service parole by the commission under
which he agreed, in part, to obey all state laws.
on June 28, 1994, three weeks after being released on
community service parole, plaintiff engaged in a series of
offenses: 1) two robberies with a firearm on June 28, 1994;
2) second-degree murder on August 3, 1994; and 3)
second-degree murder on August 4, 1994.
November 10, 1994, the commission revoked plaintiff's
community service parole. On December 15, 1994, the
commission considered plaintiff for parole on the 1993
larceny conviction but denied parole release at that time.
a trial by jury on the robbery charges, plaintiff was found
guilty and, on June 21, 1995, was sentenced to a term of 40
years on the first robbery charge and a term of 25 years on
the second robbery charge, to be served consecutively. On
April 30, 1997, plaintiff pleaded guilty to the two counts of
second-degree murder. On the first murder conviction, plaintiff
received a life sentence to run consecutively to his earlier
convictions. For the second murder conviction, plaintiff
received a life sentence to run consecutively to the life
sentence on the first murder conviction.
June 21, 1995, plaintiff has been serving his sentence and is
currently incarcerated at Pamlico Correctional Institution.
On February 16, 2015, plaintiff requested information
regarding his parole eligibility thorough the North Carolina
Department of Public Safety Prisons Administrative Remedy
Procedures but alleges that he received no response.
Defendants assert plaintiff has not been reviewed for parole
in over twenty years.