Orellana v. Kyle

Samuel Orellana, a Texas state prisoner proceeding pro se and in forma pauperis (IFP), filed a civil right suit pursuant to 42 U.S.C. § 1983 against Jack Kyle in his official capacity as Chairman of the Texas Board of Pardons and Paroles. Orellana alleged that parole review procedures violated the due process clause. He also alleged that a change in rules governing the scheduling of parole reconsideration hearings violated the Ex Post Facto Clause. Orellana sought in-junctive relief only. A magistrate judge recommended dismissing Orellana’s suit, with prejudice, as frivolous pursuant to 28…