Tierney v. Black

HEANEY, Circuit Judge.

Philip Martin Tierney appeals pro se from the district court’s order granting the appellees’ motion for summary judgment. Tierney contends that the district court erred in concluding that his 42 U.S.C. § 1983 action, challenging the discontinuation of Missouri’s release program involving recommendations to the governor for commutation of sentences, was identical to Tyler v. Black, No. 82-4383-CV-C(5) (W.D.Mo.1983), aff'd, 754 F.2d 378 (8th Cir.1984), cert. denied, — U.S. —, 105 S.Ct. 789, 83 L.Ed.2d 783 (1985), and therefore required no further consideration. Although a…