Alvarado v. Commissioner of Correction

Connecticut Appellate Court

Alvarado v. Commissioner of Correction

152 A.3d 86, 169 Conn. App. 706, 2016 Conn. App. LEXIS 456

CourtConnecticut Appellate Court

DecidedDecember 13, 2016

DocketAC38005

StatusPublished

Cited by2 cases

This text of 152 A.3d 86 (Alvarado v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarado v. Commissioner of Correction, 152 A.3d 86, 169 Conn. App. 706, 2016 Conn. App. LEXIS 456 (Colo. Ct. App. 2016).

Pincite

Opinion

PER CURIAM.

The petitioner, Angel Alvarado, appeals following the denial of his petition for certification to appeal from the judgment of dismissal of his petition for a writ of habeas corpus, in which he challenged his disciplinary designation as a member of a security risk group by the respondent, the Commissioner of Correction. The habeas court dismissed his petition for a writ of habeas corpus pursuant to Practice Book § 23-29 (2) on the ground that it failed to state a cause of action upon which relief could be granted. Because a "petitioner's classification as a security risk group member does not implicate a liberty interest" that is "sufficient to invoke the subject matter jurisdiction of the habeas court"; (internal quotation marks omitted) Rodriguez v. Commissioner of Correction , 159 Conn.App. 162 , 166, 122 A.3d 709 (2015) ; we conclude that the habeas court properly dismissed the petition for a writ of habeas corpus. On this point, jurists of reason cannot differ. Accordingly, we further conclude that the habeas court did not err in denying the petitioner's petition for certification to appeal. See id.

The appeal is dismissed.

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PER CURIAM.

The petitioner, Angel Alvarado, appeals following the denial of his petition for certification to appeal from the judgment of dismissal of his petition for a writ of habeas corpus, in which he challenged his disciplinary designation as a member of a security risk group by the respondent, the Commissioner of Correction. The habeas court dismissed his petition for a writ of habeas corpus pursuant to Practice Book § 23-29 (2) on the ground that it failed to state a cause of action upon which relief could be granted. Because a "petitioner's classification as a security risk group member does not implicate a liberty interest" that is "sufficient to invoke the subject matter jurisdiction of the habeas court"; (internal quotation marks omitted) Rodriguez v. Commissioner of Correction , 159 Conn.App. 162 , 166, 122 A.3d 709 (2015) ; we conclude that the habeas court properly dismissed the petition for a writ of habeas corpus. On this point, jurists of reason cannot differ. Accordingly, we further conclude that the habeas court did not err in denying the petitioner's petition for certification to appeal. See id.

The appeal is dismissed.

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Bluebook (online)

152 A.3d 86, 169 Conn. App. 706, 2016 Conn. App. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarado-v-commissioner-of-correction-connappct-2016.

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