Opinion
4:22-CV-00217-BRW
03-16-2022
KEVIN ROBINSON PLAINTIFF v. ARKANSAS PAROL BOARD DEFENDANTS
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE.
Plaintiff asserts that the Arkansas Parole Board incorrectly made him serve five additional months of parole. A district court has the authority to dismiss a case sua sponte for failure to state a claim. “The Arkansas Parole Board is not a ‘person' amenable to suit in a § 1983 action.”Additionally, “[i]t is well-settled that parole board members and parole hearing officers are entitled to absolute immunity when deciding whether to grant, deny, or revoke parole.”
Doc. No. 1.
See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991).
Aaron v. Felts, No. 5:12CV00097 DPM/JTR, 2012 WL 1530449, at *1 (E.D. Ark. Apr. 3, 2012), report and recommendation adopted, No. 5:12-CV-97-DPM, 2012 WL 1532414 (E.D. Ark. Apr. 30, 2012) (citing Deloria v. Lightenberg, No. 10-2358, 2010 WL 4340968 (8th Cir. Nov. 4, 2010)).
Campbell v. Williams, No. 5:10CV00312 SWW, 2011 WL 1576367, at *1 (E.D. Ark. Apr. 26, 2011). See Anton v. Getty, 78 F.3d 393, 395 (8th Cir.1996) (explaining that “parole officials in deciding to grant, deny, or revoke parole, perform functions comparable to judges, and are, therefore, entitled to absolute immunity”) (internal quotation omitted)).
Because Plaintiff's Complaint states no cause of action against Defendant for which relief may be granted, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is DENIED as MOOT.
IT IS ORDERED.