# Damballah v. Bright

> Court of Appeals for the Fourth Circuit · January 5, 2009 · 321 F. App'x 255

URL: https://www.frixlaw.com/law-library/cases/1027590

## Case

- **Full name:** Shango DAMBALLAH, F/K/A Harold Mosley, Plaintiff-Appellant, v. Gwendolyn A. BRIGHT, Director of Parole Board Support Services; James A. Williams, Chairman of Parole Board; Orton Bellamy, Vice Chair of Parole Board; Marlene McClain, Secretary of Parole Board; Dwayne M. Green, Member of Parole Board; Jim Gordon, Member of Parole Board; John McCarroll, Member of Parole Board; J.P. Hodges, Member of Parole Board; C. David, Member of Parole Board Sued in Their Official Capacities for Declaratory and Injunctive Relief; South Carolina Department of Probation, Parole and Pardon Services, Sued for Declaratory and Injunctive Relief, Defendants-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 5, 2009
- **Citations:** 321 F. App'x 255
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Michael, Traxler, Gregory
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-8035

SHANGO DAMBALLAH, f/k/a Harold Mosley,

Plaintiff - Appellant,

v.

GWENDOLYN A. BRIGHT, Director of Parole Board Support
Services; JAMES A. WILLIAMS, Chairman of Parole Board; ORTON
BELLAMY, Vice Chair of Parole Board; MARLENE MCCLAIN,
Secretary of Parole Board; DWAYNE M. GREEN, Member of Parole
Board; JIM GORDON, Member of Parole Board; JOHN MCCARROLL,
Member of Parole Board; J. P. HODGES, Member of Parole
Board; C. DAVID, Member of Parole Board sued in their
official capacities for declaratory and injunctive relief;
SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES, sued for declaratory and injunctive relief,

Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (2:08-cv-02867-HMH)

Submitted: December 16, 2008 Decided: January 5, 2009

Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Shango Damballah, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Shango Damballah appeals the district court order and

judgment adopting the magistrate judge’s report and

recommendation and dismissing his civil rights complaint. We

have reviewed the record, the district court order and the

claims raised on appeal, and affirm. The timing of the

psychological examination was not improper and Damballah was not

entitled to a second hearing prior to his parole being

rescinded. See Jago v. Van Curen, 454 U.S. 14, 19-20 (1981).

Nor was Damballah entitled to treatment by the South Carolina

Department of Probation, Parole and Pardon Services because he

was not under the Department’s supervision. Finally, insofar as

Damballah challenges the September 3, 2008 denial of parole,

this issue was not raised below and is not reviewable by this

court. See Singleton v. Wulff, 428 U.S. 106, 120 (1976).

Accordingly, we affirm. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1027590. Public record. Not legal advice.