James D. Marlow v. Montana Board of Pardons and Parole

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James D. MARLOW, Plaintiff-Appellant, v. MONTANA BOARD OF PARDONS AND PAROLE; et al., Defendants-Appellees. No. 93-36090. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James D. Marlow, a Montana state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. He contends the district court erred when it dismissed his action for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990), and affirm. 3 In 1977, Marlow pled guilty to mitigated deliberate homicide and robbery. In July 1992, Marlow filed an application for executive clemency in which he alleged that in 1985 defendant Heaton told him, in the…