Holland v. Rizzo

OPINION

SHARPNACK, Judge.

Johnny Melvin Holland appeals the trial court’s dismissal of his complaint against the members of the Indiana Parole Board (“Parole Board”). Holland raises one issue, which we revise and restate as:

I. Whether the trial court abused its discretion by treating the Parole Board’s motion as a motion to dismiss rather than a motion for summary judgment;

II. Whether the trial court erred by concluding that Holland was not eligible for parole consideration under Ind.Code § 11-13-3-2; and

III. Whether the trial court erred by concluding that Holland was not subjected to cruel…