Fuerte v. Owens, et al, No. 08-10671 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-10671 Summary Calendar June 24, 2009 Charles R. Fulbruge III Clerk ANTONIO FUERTE, JR Plaintiff-Appellant v. RISSI OWENS; HOWARD A THRASHER, SR; ELVIS HIGHTOWER; JUANITA GONZALEZ Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CV-695 Before REAVLEY, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Antonio Fuerte, Jr., Texas inmate # 01341702, appeals the dismissal of his pro se, in forma pauperis, civil rights complaint filed pursuant to 42 U.S.C. § 1983 against individual members of the Texas Board of Pardons and Paroles (the Board). The district court dismissed Fuerte s complaint for failure to state a claim for which relief can be granted. * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-10671 Fuerte s argument that he is entitled to injunctive and declaratory relief on claims surrounding the Board s ruling that he was not entitled to mandatory supervision release fails to state a due process violation. See Greenholtz v. Inmates of Nebraska Penal and Corr. Complex, 442 U.S. 1, 15-16 (1979); Boss v. Quarterman, 552 F.3d 425, 428-29 (5th Cir. 2008); Coleman v. Dretke, 395 F.3d 216, 224 (5th Cir. 2004). Accordingly, the district court did not err when it dismissed his complaint for failure to state a claim. See Cornish v. Corr. Servs. Corp., 402 F.3d 545, 549 (5th Cir. 2005). AFFIRMED. 2

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