Kennedy v. Ark. Parole Bd.

Summary

The court affirmed dismissal of Kennedy’s petition for judicial review of the Arkansas Parole Board’s transfer-eligibility decision. Because Kennedy did not allege when he committed the offenses, he failed to establish which parole-eligibility law applied and therefore failed to allege facts showing a constitutionally protected liberty interest that would permit judicial review. The court also noted that dismissal based solely on defective service should have been without prejudice, but the petition independently failed to state a claim.