Jackson v. Reese, 79-2206

Decision Date10 December 1979
Docket NumberNo. 79-2206,79-2206
Citation608 F.2d 159
PartiesNorman JACKSON, Plaintiff-Appellant, v. Mamie B. REESE et al., Defendants-Appellees. Summary Calendar. *
CourtU.S. Court of Appeals — Fifth Circuit

Norman Jackson, pro se.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia.

Before GEE, HENDERSON and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

Appellant, Norman Jackson, a Georgia state prisoner, brought this 42 U.S.C. § 1983 action against Mamie Reese, Chairman of the Georgia Parole Board. Appellant alleges (1) that the parole board's refusal to allow him access to his files violates due process, and (2) that the board's consideration of the nature and circumstances of his offense amounts to a second trial for the same offense, in violation of the double jeopardy clause. The district court dismissed his complaint for failure to state a cause of action. We affirm.

The issue presented in this action is whether appellant set forth specific facts that would, if proved, warrant the relief he sought. It is axiomatic that courts are required to liberally construe pro se complaints. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Appellant's complaint should not have been dismissed unless it appeared that he could prove no set of facts which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1958); accord Johnson v. Wells, 566 F.2d 1016 (5th Cir. 1978). We hold that the district court properly dismissed appellant's complaint.

The threshold question under § 1983 is whether the complainant has been deprived of a cognizable liberty or property interest. The Supreme Court has held that the denial of parole, as distinguished from the revocation of parole, does not amount to a loss of liberty in the due process context. Greenhultz v. Nebraska Penal Inmates, --- U.S. ----, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979); Brown v. Lundgren, 528 F.2d 1050 (5th Cir. 1976), Cert. denied, 429 U.S. 917, 97 S.Ct. 308, 50 L.Ed.2d 283. Since appellant has not shown a deprivation of a constitutionally protected interest, this Court need not address whether the Georgia Parole Board's procedures comport with due process. Id. at 1053.

It is clear that Jackson was not denied any constitutional rights by reason of the parole board's consideration of the nature and circumstances of his offense. See, Payne v. United States, 539 F.2d 443 (5th Cir. 1976), Cert. denied, 429 U.S. 1103, 97 S.Ct. 1131, 51 L.Ed.2d 554 (1977). Likewise, it has been held that the refusal of a parole board to allow an inmate to examine his...

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  • Board of Pardons v. Allen
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    ...691 F.2d 487, 488 (CA11 1982) (Alabama statute); Staton v. Wainwright, 665 F.2d 686, 688 (CA5 1982) (Florida statute); Jackson v. Reese, 608 F.2d 159, 160 (CA5 1979) (Georgia statute); Boothe v. Hammock, 605 F.2d 661, 664 (CA2 1979) (New York statute); but see United States ex rel. Scott v.......
  • Richardson v. Fleming
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    ...v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). See Williams v. Rhoden, 629 F.2d 1099 (5th Cir. 1980); Jackson v. Reese, 608 F.2d 159 (5th Cir. 1979); Slavin v. Curry, 574 F.2d 1256 (5th Cir. 1978); Cruz v. Skelton, 543 F.2d 86 (5th Cir. 1976), cert. denied, 433 U.S. 911, 97 S.......
  • Johnson v. Rodriguez
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    ...to settled precedent. See, e.g., Jago v. Van Curen, 454 U.S. 14, 21-22, 102 S.Ct. 31, 36, 70 L.Ed.2d 13 (1981); Jackson v. Reese, 608 F.2d 159, 160 (5th Cir.1979). Second, Sandin's passing reference to the procedures which Hawaii affords to its state prisoners in the parole process was mere......
  • Carver v. Wharton
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    ...Supreme Court has held that the denial of parole does not amount to a loss of liberty in the due process context." Jackson v. Reese, 608 F.2d 159, 160 (5th Cir. 1979); see Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979). Petitioner alleges that he was ......
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