The opinion of the court was delivered by: Aspen, District Judge:
MEMORANDUM OPINION AND ORDER
These two habeas corpus petitions come before the Court on
respondents' motions for summary judgment, which in each case
have been supplemented with motions to dismiss. Both
petitioners allege that the denial of their applications for
parole release deprived them of their rights under the Due
Process and Ex Post Facto Clauses of the United States
Constitution. Because of the identity of the issues involved in
these two actions, the Court has consolidated them for purposes
of ruling on the pending motions.
The petitioner in 82 C 4356, Phillip Lewis Jacobs
("Jacobs"), was convicted of murder in the Circuit Court of Du
Page County, Illinois and sentenced to a term of 45 to 65
years imprisonment. The murder was committed on June 20, 1970.
See People v. Jacobs, 44 Ill. App.3d 290, 2 Ill.Dec. 601,
357 N.E.2d 821 (1976). Jacobs appeared before the Illinois Prisoner
Review Board ("Board") for parole release consideration in
1979, 1980, and 1981. Jacobs alleges that on each occasion the
Board denied him parole for the reason that "your release at
this time would deprecate the seriousness of your offense and
promote disrespect for the law." Ill.Rev.Stat. 1981, ch. 38, §
which first took effect on January 1, 1973, requires the Board
to deny parole to a prisoner if it determines that release at
that time would deprecate the seriousness of his offense.
After the most recent hearing, which took place on June 3,
1982, the Board again denied parole to Jacobs, giving the
following reasons for its decision:
The Board, considering all factors in your case,
is denying parole at this time because of the
The Board has heard your case and rendered its
decision in accordance with the statute in effect
at the time of your offense.
The Board, having given full consideration to all
the facts and circumstances in this case, is of
the opinion that the risks involved in granting
parole outweigh the factors in favor of granting
Jacobs contends that these reasons, as well as those given for
the denial of parole in the three preceding years, violated
the ex post facto prohibition and denied him minimum due
process. He requests the Court to issue the writ of habeas
corpus releasing him from prison.
Petitioner in 82 C 2569,*fn2 Eugene Horton ("Horton"), was
convicted of murder in the Circuit Court of Cook County,
Illinois and sentenced to a term of 100 to 150 years
imprisonment. The murder was committed on March 21, 1971.
See People v. Horton, 14 Ill. App.3d 957, 304 N.E.2d 21 (1973).
Horton first appeared before the Board for parole release
consideration on March 3, 1981. At that time, Horton was denied
parole on the basis of the length of his sentence and the
nature of his offense.
On March 3, 1982, Horton again appeared before the Board for
parole release consideration. The Board denied parole giving
verbatim the same reasons that it gave Jacobs for the denial
of his request for parole. Like Jacobs, Horton contends that
the Board's action denied him due process and violated the
prohibition against ex post facto laws. As relief he seeks a
new parole hearing that accords with the requirements of the
III. MOTION TO DISMISS JACOBS' PETITION
Respondents move to dismiss Jacobs' petition on the ground
that it duplicates a class action suit currently pending
before Judge Prentice H. Marshall. They contend that since
Jacobs is a member of the class certified by Judge Marshall,
his claim for relief is subsumed by that action. They urge
that interests of judicial and administrative economy and
uniformity favor dismissal of his petition without prejudice
to his rights under the class ...