Abe Lincoln v. The California Adult Authority

Lincoln appeals from a judgment dismissing his Civil Rights action (28 U.S. C. § 1342; 42 U.S.C. §§ 1981 , 1983) on the ground that the complaint fails to present a substantial federal question. We affirm.

Lincoln is a California prisoner. He seeks damages and injunctive relief against the California Adult Authority’s members, representatives and agents. He also asks to have a three judge court convened to determine the constitutionality of Adult Authority Resolution 171 and Cal.Penal Code, §§ 1168, 8020 and 5077 as applied to him. He alleges , that he was convicted of first degree robbery (Cal.Penal Code, § 211) in 1948 and was sentenced under the California Indeterminate Sentence Law for the term prescribed by law — five years to life. Cal. Penal Code, §§ 213, 617, 1168. In May, 1953, the Authority fixed his term at 8 years, which would mean a release date of May 29, 1956. He was paroled in June, 1954. He was picked up as a parole violator, his parole was suspended, and his term was re-fixed at life on January 23, 1956. The term was re-fixed pursuant to Resolution 171, adopted March 6, 1951. It provides that “effective April 1, 1951, when paroles are can-celled, suspended,…