Gonzalez
Gonzalez v. Chappell
Opinion
Trial Court Opinion
INTRODUCTION
Plaintiff Eric L. Gonzalez alleges that state parole officials violated his constitutional rights in various ways when they denied him parole. His first amended 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). The complaint will be dismissed because the Defendants are immune from suit under section 1983 and Gonzalez has failed to state a claim for relief. Parole officials are immune from any decision to grant, deny, or revoke parole. Also, Gonzalez’s claim that he was denied due process during the parole suitability hearing does not state a federal constitutional claim. Gonzalez’s motions to expedite and for a preliminary injunction are DENIED. (Dkt. Nos. 9 and 10.) The Clerk shall terminate Dkt. Nos. 9 and 10. This federal civil rights action is DISMISSED.
DISCUSSION
A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, a court must identify any cognizable claims and dismiss any claims that are…