Glauner v. Miller

Dale Glauner appeals from the district court’s Rule 12(b)(6) judgment of dismissal of his 42 U.S.C. § 1983 action. He asserts that Nevada Revised Statutes § 213.1214,2 which requires a panel to certify that certain sexual offenders are not a “menace to the health, safety or morals of others” prior to parole eligibility, is facially unconstitutional. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the constitutionality of a state statute, and we affirm. See Crawford v. Lungren, 96 F.3d 380, 384 (9th Cir.1996) (providing for de novo review).

Glauner is a Nevada state prisoner,…