Morris v. Villalba ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50384
Conference Calendar
CAROL JOHNENE MORRIS,
Plaintiff-Appellant,
versus
SYLVIA VILLALBA ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-96-CV-182
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Carol Johnene Morris, Texas prisoner #488243, appeals from
the district court’s dismissal as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i) of her civil rights complaint. Morris’s claim
that her state parole was improperly revoked is legally frivolous
because she has not shown that the revocation has been declared
invalid. See Jackson v. Vannoy, 49 F.3d 175, 177 (5th Cir.),
cert. denied, 116 S. Ct. 148 (1995). Moreover, members of the
Texas Board of Pardons and Paroles who personally participate in
the quasi-judicial activity of parole revocation proceedings are
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-50384
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entitled to absolute immunity. See McGrew v. Texas Bd. of
Pardons and Paroles, 47 F.3d 158, 160-61 (5th Cir. 1995).
Accordingly, the district court did not abuse its discretion by
dismissing Morris’s complaint as frivolous. See Moore v. Mabus,
976 F.2d 268, 270 (5th Cir. 1992). The district court’s judgment
is AFFIRMED. Morris’s motions for summary judgment and for
production of documents and audiotapes are DENIED.
JUDGMENT AFFIRMED; MOTIONS DENIED.