Borchers

Borchers v. Arizona Board of Executive Clemency

Good Law
201 F. App'x 463
United States Court of Appeals for the Ninth CircuitSeptember 13, 2006No. 05-16318California525 words

Opinion

Lead Opinion

MEMORANDUM **

Former Arizona state prisoner Douglas C. Borchers appeals pro se from the district court’s summary judgment in favor of members of the Arizona Board of Executive Clemency (“the Board”) in his 42 U.S.C. § 1983 action alleging violations of the Ex Post Facto and Due Process clauses of the United States Constitution. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Borchers’ claim that he was entitled to parole hearings every 90 days because former A.R.S. § 31-411(B) clearly states that following a denial of parole, an inmate cannot be reconsidered for parole for six months. See Greenholtz v. Inmates of the Neb. Penal & Corr. Complex, 442 U.S. 1, 16 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979) (holding the Nebraska parole board did not violate the inmates’ due process rights because it followed state parole statutes which afforded the inmates an opportunity to be heard and informed them of the reasons why they were denied parole).

The district court also properly granted summary judgment on Borchers’ claim that the 1997…

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