Opinion

Torres v. Costa

  • 249 F. App'x 516
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 27, 2007
Status
Published
Cited by
1 cases
Authority
More cited than 44.6%

affirming dismissal of action challenging the Review Board’s refusal to grant sentence credit

How later courts described this case

  • affirming dismissal of action challenging the Review Board’s refusal to grant sentence credit

Written by the judges who cited it.

The opinion

MEMORANDUM **

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.

*517 The district court properly dismissed Torres’ action because Costa was absolutely immune from suit. See Sellars v. Pro-cunier, 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.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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