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Torres v. Costa

United States Court of Appeals, Ninth Circuit
Sep 27, 2007
249 F. App'x 516 (9th Cir. 2007)

Opinion

No. 06-35792.

Submitted September 24, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed September 27, 2007.

Johnny Angel Torres, Airway Heights, WA, pro se.

Appeal from the United States District Court for the Eastern District of Washington, Fred L. Van Sickle, District Judge, Presiding. D.C. No. CV-06-00098-FVS.

Before: CANBY, TASHIMA, and RAWLINSON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Johnny Angel Torres, a former Washington State prisoner, appeals pro se from the district court's judgment dismissing, pursuant to 28 U.S.C. §§ 1915 and 1915A, his 42 U.S.C. § 1983 action alleging that the Chair of the Indeterminate Sentence Review Board violated his constitutional rights by refusing to grant certain sentence credit. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir. 1997), and we affirm.

The district court properly dismissed Torres' action because Costa was absolutely immune from suit. See Sellars v. Procunier, 641 F.2d 1295, 1303 (9th Cir. 1981) (members of the parole board are entitled to absolute quasi-judicial immunity for performance of their duties). We reject Torres' contention that the Supreme Court's decision in Wilkinson v. Dotson, 544 U.S. 74, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005) alters this analysis.

Torres' remaining contentions lack merit.

AFFIRMED.


Summaries of

Torres v. Costa

United States Court of Appeals, Ninth Circuit
Sep 27, 2007
249 F. App'x 516 (9th Cir. 2007)
Case details for

Torres v. Costa

Case Details

Full title:Johnny Angel TORRES, Plaintiff-Appellant, v. Jeralita P. COSTA, Chair…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 27, 2007

Citations

249 F. App'x 516 (9th Cir. 2007)

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