Scott Brooker v. Warden, NHSP

2000 DNH 010

• Court: District Court, D. New Hampshire
• Decided: January 10, 2000
• Docket: CV-99-106-B
• Status: Published

Opinion

Scott Brooker v . Warden, NHSP CV-99-106-B 01/10/00

UNITED STATE DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Scott Brooker

v. Civil N o . 99-106-B Opinion N o . 2000 DNH 010 Warden, NHSP

MEMORANDUM AND ORDER

Scott Brooker was sentenced on July 2 5 , 1980. He received

two consecutive 7-1/2 to 16-year sentences and one concurrent 7-

1/2 to 15-year sentence. He received credit for 229 days of

pretrial confinement. Brooker filed a habeas corpus petition

arguing that the prison violated his right to due process of law

in the way in which it calculated and applied his good time

credits against his maximum release date. I subsequently granted

the warden’s motion for summary judgment and dismissed the

petition. Brooker now seeks a certificate of appealability.

Brooker’s petition is based upon an erroneous interpretation

of New Hampshire law. When Brooker committed his crimes, New Hampshire law specified that

any prisoner may by good conduct and obedience to the rules of said prison earn credits against his sentence as follows:

I . Ninety days for each full year of the minimum term of his sentence prorated for a part of any such year, to be applied only against the minimum term of the sentence;

I I . In addition to the foregoing, 5 days for each month of meritorious service, which may be granted in the discretion of the warden for exemplary conduct. Credits for meritorious service shall be applied against both the minimum and maximum terms of the sentence.

N.H. Rev. Stat. Ann. 651:55-b, eff. Aug. 2 2 , 1979.

This statute plainly provides that regular good time credit

may not be applied to a prisoner’s maximum term. Further, the

New Hampshire Supreme Court has authoritatively construed the

statute to provide that meritorious service good time credit may

be earned only by actual service rather than by the length of the

prisoner’s minimum or maximum sentence. See Fielders v .

Cunningham, 127 N.H. 211, 213 (1985). Thus, a prisoner is

eligible to earn and apply against the maximum portion of his

-2- sentence up to 5 days of meritorious good time credit for each

month that he actually serves. The prison implements this

statute through a Policy and Procedure Directive that correctly

interprets the statutory requirements. See Exhibit to

Defendant’s Motion for Summary Judgment, doc. n o . 1 6 . Further,

the warden produced an affidavit from a prison official

demonstrating that Brooker’s maximum release date will be

determined in the manner specified by New Hampshire law.

Finally, Brooker has failed to produce any evidence to support

his claim that the prison has deviated from the statute’s

requirements in calculating his maximum sentence. Since Brooker

cannot claim that he is being deprived of any good time credits

to which he is entitled under state law, his due process claim

has no merit. Accordingly, Brooker has failed to make a

substantial showing of the denial of a constitutional right.

Brooker’s request for a certificate of appealability is denied.

SO ORDERED.

-3- Paul Barbadoro Chief Judge

January 1 0 , 2000

cc: Scott Brooker, Esq. Michael K. Brown, Esq.

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