Fuerte v. Owens

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 24, 2009
No. 08-10671
Summary Calendar Charles R. Fulbruge III
Clerk
ANTONIO FUERTE, JR
Plaintiff-Appellant
v.
RISSI OWENS; HOWARD A THRASHER, SR; ELVIS HIGHTOWER; JUANITA
GONZALEZ
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:07-CV-695
Before REAVLEY, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Antonio Fuerte, Jr., Texas inmate # 01341702, appeals the dismissal of his
pro se, in forma pauperis, civil rights complaint filed pursuant to 42 U.S.C.
§ 1983 against individual members of the Texas Board of Pardons and Paroles
(the Board). The district court dismissed Fuerte’s complaint for failure to state
a claim for which relief can be granted.
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-10671
Fuerte’s argument that he is entitled to injunctive and declaratory relief
on claims surrounding the Board’s ruling that he was not entitled to mandatory
supervision release fails to state a due process violation. See Greenholtz v.
Inmates of Nebraska Penal and Corr. Complex, 442 U.S. 1, 15-16 (1979); Boss v.
Quarterman, 552 F.3d 425, 428-29 (5th Cir. 2008); Coleman v. Dretke, 395 F.3d
216, 224 (5th Cir. 2004). Accordingly, the district court did not err when it
dismissed his complaint for failure to state a claim. See Cornish v. Corr. Servs.
Corp., 402 F.3d 545, 549 (5th Cir. 2005).
AFFIRMED.
2