Alvin Robert Alexander v. The California Court Director of Correction, Adult Authority
Cases that cite this one
3 later published cases cite this decision.
- Robert E. Sykes v. State of California (Department of Motor Vehicles) (9th Cir. 1974)
- Reich v. City of Freeport (District Court, N.D. Illinois 1974)
- Hester v. Craven (United States District Court for the Central District of California 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Alexander appeals from an order denying him leave to file a Civil Rights Act complaint in forma pauperis, charging that the Adult Authority’s power to redetermine his sentence violates his constitutional rights.
We hold that the district court did not abuse its discretion in denying Alexander leave thus to proceed. Alexander’s complaint did not allege facts sufficient to constitute a claim for relief under the Civil Rights Act. (Weller v. Dickson (9th Cir. 1963) 314 F.2d 598, cert. denied, 375 U.S. 845, 84 S.Ct. 97, 11 L.Ed.2d 72.) No facts are averred even suggesting that the Adult Authority’s actions in suspending or revoking his parole were arbitrary. (Dunn v. California Department of Corrections (9th Cir. 1968) 401 F.2d 340.) No federal constitutional questions are raised by the complaint. (Sturm v. California Adult Au-
*361 thority (9th Cir. 1967) 395 F.2d 446.) Moreover, a civil rights action under 42 U.S.C. § 1983 does not lie against an administrative agency. (Monroe v. Pape (1961) 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492.)
The order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.