Unpublished Dispositiongregory L. Oakley, Jr., Plaintiff-appellant, v. George Wilson, et al., Defendants-appellees, 848 F.2d 193 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 848 F.2d 193 (6th Cir. 1988) May 4, 1988

Before MERRITT and CORNELIA G. KENNEDY, Circuit Judges, and JOHN W. PECK, Senior Circuit Judge.


ORDER

Plaintiff appeals the district court's judgment sua sponte dismissing his 42 U.S.C. § 1983 action for frivolity. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the certified record and the plaintiff's brief, the panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Plaintiff claimed that defendants have deprived him of his liberty interest in parole by failing to expunge inaccurate information from his presentence report.

Upon consideration, we affirm the district court's judgment pursuant to Rule 9(b) (5), Rules of the Sixth Circuit, because plaintiff lacks a constitutionally protected liberty interest in parole and he has not yet been injured by the deprivation of any state-created interest. See Greenholtz v. Inmates of Nebraska Penal Complex, 442 U.S. 1 (1979); Pruett v. Levi, 622 F.2d 256 (6th Cir. 1980) (per curiam).

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