Michael P. Gallagher, Plaintiff-appellant, v. Joan Finney, Governor; Kansas Parole Board, and All Itsmembers Whose Names Are Unknown to the Plaintiff,defendants-appellees, 21 F.3d 1121 (10th Cir. 1994)
Annotate this CaseBefore MOORE, ANDERSON, and KELLY, Circuit Judges.
ORDER AND JUDGMENT1
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R.34.1.9. The cause is therefore ordered submitted without oral argument.
Michael P. Gallagher brought this civil rights action against the governor of the State of Kansas and others claiming his civil rights were violated when the state parole board denied his parole with "boiler plate" reasons. The district court dismissed the complaint because it was coupled with an application for habeas corpus which the court determined contained issues unexhausted in state court. Because parole is a privilege not a right secured by the constitution, Lustgarden v. Gunter, 966 F.2d 552, 555 (10 Cir. 1992), we believe dismissal was appropriate even though the wrong reason was cited. The application to proceed without payment of fees is GRANTED and the judgment of the district court is AFFIRMED.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. 151 F.R.D. 470
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
