Gamboa v. Lumpkin ( 2023 )

Case: 21-20236 Document: 00516701373 Page: 1 Date Filed: 04/05/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 5, 2023
No. 21-20236
Summary Calendar Lyle W. Cayce
Clerk
Jesse Celedon Gamboa,
Plaintiff—Appellant,
versus
Bobby Lumpkin, Director, Texas Department of Criminal Justice,
Correctional Institutions Division; Debra Gibbs, Chair,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CV-231
Before Richman, Chief Judge, Duncan, and Oldham, Circuit Judges.
Per Curiam:*
Jesse Celedon Gamboa, Texas prisoner # 2106445, appeals the
summary judgment dismissal of his 42 U.S.C. § 1983 complaint. He
contends that a new Texas law governing parole should not apply to him
because his convictions occurred before the new law became effective; he was
entitled to parole review consideration on the earlier date permitted by the
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 21-20236 Document: 00516701373 Page: 2 Date Filed: 04/05/2023
No. 21-20236
prior parole law; and the failure to conduct a parole review hearing on the
earlier date violated his due process rights and amounted to a violation of the
Ex Post Facto Clause.
We review the grant of a summary judgment motion de novo, see
Xtreme Lashes, LLC v. Xtended Beauty, Inc., 576 F.3d 221, 226 (5th Cir.
2009), and may affirm on any basis supported by the record, see Hunter v.
Tamez, 622 F.3d 427, 430 (5th Cir. 2010). Having reviewed the record and
briefs, we discern no error in the dismissal of Gamboa’s due process claim,
see Orellana v. Kyle, 65 F.3d 29, 31-32 (5th Cir. 1995) (per curiam), or his ex
post facto violation claim, see Cal. Dep’t of Corrs. v. Morales, 514 U.S. 499,
508-09 (1995); see also Garner v. Jones, 529 U.S. 244, 251 (2000).
AFFIRMED.
2