Case: 21-20236 Document: 00516701373 Page: 1 Date Filed: 04/05/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 5, 2023 No. 21-20236 Summary Calendar Lyle W. Cayce Clerk Jesse Celedon Gamboa, Plaintiff—Appellant, versus Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Debra Gibbs, Chair, Defendants—Appellees.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CV-231

Before Richman, Chief Judge, Duncan, and Oldham, Circuit Judges.

Per Curiam:* Jesse Celedon Gamboa, Texas prisoner # 2106445, appeals the summary judgment dismissal of his 42 U.S.C. § 1983 complaint. He contends that a new Texas law governing parole should not apply to him because his convictions occurred before the new law became effective; he was entitled to parole review consideration on the earlier date permitted by the

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 21-20236 Document: 00516701373 Page: 2 Date Filed: 04/05/2023

No. 21-20236

prior parole law; and the failure to conduct a parole review hearing on the earlier date violated his due process rights and amounted to a violation of the Ex Post Facto Clause.

We review the grant of a summary judgment motion de novo, see Xtreme Lashes, LLC v. Xtended Beauty, Inc., 576 F.3d 221, 226 (5th Cir. 2009), and may affirm on any basis supported by the record, see Hunter v. Tamez, 622 F.3d 427, 430 (5th Cir. 2010). Having reviewed the record and briefs, we discern no error in the dismissal of Gamboa’s due process claim, see Orellana v. Kyle, 65 F.3d 29, 31-32 (5th Cir. 1995) (per curiam), or his ex post facto violation claim, see Cal. Dep’t of Corrs. v. Morales, 514 U.S. 499, 508-09 (1995); see also Garner v. Jones, 529 U.S. 244, 251 (2000).

AFFIRMED.