Opinion of the Court — Murphy v. Travis

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Type: Opinion of the Court
Filed: June 10, 2002
Case: Murphy v. Travis
Case status: Decided

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SUMMARY ORDER AFTER SUBMISSION AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-Appellant Michael Murphy, pro se, appeals from a February 8, 2001 judgment of the United States District Court of the Southern District of New York (Michael B. Mukasey, Chief Judge) sua sponte dismissing his 42 U.S.C. § 1983 complaint pursuant to 28 U.S.C. §§ 1915 (e)(2)(b)(ii) and (iii). In his § 1983 complaint, Murphy alleges that the defendants violated his constitutional rights by denying him adequate procedural protections at his parole hearings. He sought a declaratory judgment (1) requiring the defendants to provide him with a statement of reasons for denying him parole, (2) declaring that the defendants violated his constitutional rights, (3) declaring that title 9, section 8002.3 of the New York Compilation of Codes, Rules and Regulations creates a legitimate expectation of release on parole, and (4) declaring unconstitutional the defendants’ policy of denying parole based on Murphy’s failure to accept responsibility for his crimes. Murphy also seeks injunctive relief in the form of a new parole hearing that co…

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