Opinion
No. 1:08CV109-P-A.
December 1, 2008
MEMORANDUM OPINION
This matter comes before the court on the pro se prisoner complaint of Tarvio Walker, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. Walker alleges that James Turner filed false telephone harassment charges against him, causing him to be charged with a parole violation. For the reasons set forth below, the instant case shall be dismissed for failure to state a claim upon which relief could be granted.
Factual Allegations
While the plaintiff was on supervised release from a previous conviction for residential burglary, he committed multiple violations of the terms of supervised release. On April 10, 2008, Walker waived his right to notice or waiting period prior to a preliminary revocation hearing — and to the preliminary revocation hearing itself. Walker alleges that James Turner filed false charges of telephone harassment against him in an attempt to ensure that Walker's probation was revoked — and that others worked together to escape liability in a law suit Walker filed against them.