Davis
Miller v. Davis
Opinion
Opinion
Cooper, J.
ORDER GRANTING MOTIONS TO DISMISS
The matter is before the Court on Defendant Gray Davis’s Motion to Dismiss (docket # 38). The Court has reviewed the moving, opposition, and reply documents submitted in connection with this Motion. The matter was heard on March 6, 2006, at which time the parties were in receipt of the Court’s tentative Order. For the reasons set forth below, the Court grants Defendant’s Motion.
I. Allegations
Plaintiffs First Amended Complaint alleges that he was deprived of certain constitutional and civil rights arising out of a series of events following his conviction and incarceration in 1980. The complaint alleges the following: That in 1980, he was convicted of conspiracy to commit murder and was sentenced to a term of 25 years to life in prison. Plaintiff applied for parole in 1996, but was denied. Plaintiff again applied for parole in 1998 and was again denied.
Plaintiff applied for parole in 1999, and on February 18, he was deemed suitable for parole and a parole date was set. Defendants referred their grant of parole to Governor Davis, who reversed the Board’s decision.