Cleveland v. Harvey
Cleveland v. Harvey
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-11339 Summary Calendar
GEORGE A. CLEVELAND,
Plaintiff-Appellant,
versus
GILDA HARVEY; VICTOR RODRIQUEZ,
Defendants-Appellees.
-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CV-485-Y -------------------- February 15, 2002 Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
George A. Cleveland, Texas prisoner #422864, appeals the
district court’s dismissal of his
42 U.S.C. § 1983complaint
under
28 U.S.C. § 1915(e)(2)(B).
On appeal, Cleveland challenges the dismissal of his claims
relating to his parole revocation proceeding. As Cleveland has
not alleged that his revocation has been overturned, he cannot
raise a
42 U.S.C. § 1983challenge to the revocation proceedings.
Littles v. Bd. of Pardons and Paroles Div.,
68 F.3d 122, 123(5th
Cir. 1995).
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 01-11339 -2-
Cleveland contends that he has been denied parole based upon
false information in his record, resulting in cruel and unusual
punishment. Texas law does not create an expectation of release
on parole, and Cleveland does not have a constitutional right to
release. See Orellana v. Kyle,
65 F.3d 29, 32(5th Cir. 1995);
Johnson v. Rodriguez,
110 F.3d 299, 308-09(5th Cir. 1997).
Cleveland alleges that he was denied parole in retaliation
for his writ-writing activities. He has failed to “allege a
chronology of events from which retaliation may plausibly be
inferred.” Woods v. Smith,
60 F.3d 1161, 1166(5th Cir. 1995).
His conclusional allegations of retaliation are insufficient to
support relief. Baker v. Putnal,
75 F.3d 190, 195(5th Cir.
1996).
Cleveland asserts conclusionally that he was denied parole
because of discriminatory motive. He has failed, however, to
brief this argument, as even a pro se prisoner is required to do.
See Grant v. Cuellar,
59 F.3d 523, 524(5th Cir. 1995). Issues
that are not briefed on appeal are deemed abandoned. Brinkmann
v. Dallas Co. Deputy Sheriff Abner,
813 F.3d 744, 748(5th Cir.
1987).
Cleveland also contends for the first time on appeal that he
was improperly denied good-time credits upon the revocation of
his parole. An issue raised for the first time on appeal is not
reviewable unless it involves a purely legal issue. Diaz v.
Collins,
114 F.3d 69, 71 n.5 (5th Cir. 1997).
Cleveland has failed to show that the district court erred
in dismissing his civil rights lawsuit. See Black v. Warren, 134 No. 01-11339 -3-
F.3d 732, 733-34 (5th Cir. 1998). Consequently, the judgment of
the district court is AFFIRMED.
Reference
- Status
- Unpublished