Miles v. Everette , 88 F. App'x 775 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-20872
Conference Calendar
ROBERT B. MILES,
Plaintiff-Appellant,
versus
V. EVERETTE, Parole Officer; J. ONYEJEKWE, Parole Officer;
P. CAVIEL, Unit Supervisor; S. JENKINS, Regional Director;
L. TIERLING, Assistant Region Director; D. HOUGE, Parole
Officer; SHELVIN WILBERT, Parole Officer; M. NOWOSKI, Unit
Supervisor; BOARD OF PARDONS AND PAROLES, Huntsville Panel;
BOARD OF PARDONS AND PAROLES, Angleton Panel,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CV-2843
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Robert B. Miles, Texas prisoner # 536884, proceeding pro se
and in forma pauperis (IFP), appeals the dismissal pursuant to 28
U.S.C. § 1915A(b)(1) of his civil rights complaint filed pursuant
to 42 U.S.C. § 1983 as frivolous and for failing to state a claim
upon which relief may be granted. Miles argues that the Texas
*
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that this opinion should not be published and is not precedent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. 03-20872
-2-
Board of Pardons & Paroles (Parole Board) has used false
information in his juvenile record to impose upon him parole
conditions applicable to a sex offender in violation of his
constitutional right to equal protection and the Eighth Amendment
prohibition against cruel and unusual punishment and also in
abuse of its discretion. He seeks monetary damages and
injunctive relief. Miles also has filed in this court a motion
for temporary injunction and a motion to file a supplemental
brief to amend his claim for relief.
28 U.S.C. § 1915A instructs the district court to review
prisoner complaints, before docketing if feasible, or in any
event, as soon as practicable, and to dismiss them if they are
“frivolous, malicious, or fail[] to state a claim upon which
relief may be granted.” 28 U.S.C. § 1915A(b)(1).
Miles’s claims against the Parole Board are barred by the
Eleventh Amendment. See McGrew v. Texas Bd. of Pardons and
Paroles, 47 F.3d 158, 161 (5th Cir. 1995). His claims against
the parole officers, supervisors and officials of the Parole
Board are barred under the doctrine of absolute immunity. See
Littles v. Board of Pardons and Paroles Div., 68 F.3d 122, 123
(5th Cir. 1995). Consequently, the district court’s dismissal of
Miles’s complaint is AFFIRMED.
Miles’s motion for temporary injunction and his motion to
amend his claim for relief are DENIED as moot.
No. 03-20872
-3-
The district court’s dismissal of Miles’s lawsuit as
frivolous constitutes one strike for purposes of the 28 U.S.C.
§ 1915(g) bar. See Adepegba v. Hammons, 103 F.3d 383, 388 (5th
Cir. 1996). We caution Miles that once he accumulates three
strikes, he may not proceed IFP in any civil action or appeal
filed while he is incarcerated or detained in any facility unless
he is under imminent danger of serious physical injury. See 28
U.S.C. § 1915(g).
AFFIRMED; SANCTION WARNING ISSUED; MOTIONS DENIED.