Daniel D. Matz v. William C. Kelsch Duane L. Gourneau Jo Ann Yocum Irvin Riedman James Marion North Dakota State Board of Parole

Plaintiff-appellant Matz, an inmate in the North Dakota State Penitentiary, submitted a complaint, construed by the District Court and here as a civil rights complaint, primarily under 42 U.S.C. § 1983, alleging that the North Dakota State Board of Parole violated his due process rights in fixing the terms of his parole. Matz sought leave to proceed in forma pauperis. The District Court 1 granted leave to proceed in forma pauperis, ordered the complaint filed, and, prior to service of process, dismissed the complaint for failure to state a claim upon which relief could be granted. Matz filed…