Enriquez v. Stringfellow, 81 F. App'x 487 (5th Cir. 2003). · Go Syfert
Enriquez v. Stringfellow, 81 F. App'x 487 (5th Cir. 2003). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Marshall Phillips v. Mississippi Department of Corrections and Director of Records Kevin Jackson
Miss. Ct. App. · 2023 · confidence medium
But “[t]he absence of a protected liberty interest in release on parole does not . . . preclude an equal protection claim.” Enriquez v. Stringfellow, 81 F. App’x 487, 488 (5th Cir. 2003).
discussed Cited "see" Juan Enriquez v. David Gutierrez, Presiding Chair, Texas Board of Pardons and Paroles, and TBPP Members James LaFavers, Federico Rangel, Cynthia Tauss, Ed Robertson, Fred Solis, and Sherman Skyme
Tex. App. · 2021 · signal: see · confidence high
See Enriquez v. State, Nos. 13-02-480-CR, 13-02-481-CR, 13-02-482-CR, 13-02-483-CR, 2003 WL 22736517 , at *1 (Tex. App.—Corpus Christi-Edinburg, Nov. 20, 2003, pet. ref’d) (not designated for publication). 2 See, e.g., Enriquez v. Stringfellow, 81 F. App’x 487, 487 (5th Cir. 2003) (affirming dismissal of Enriquez’s federal suit challenging procedures used by Texas Board of Pardons and Paroles to determine Enriquez’s parole eligibility); Enriquez v. Procunier, 752 F.2d 111, 113 (5th Cir. 1984) (denying Enriquez’s federal habeas application and noting that “Enriquez has filed nine …
Retrieving the full opinion text from the archive…
Juan Rudy ENRIQUEZ, Plaintiff-Appellant,
v.
A.M. STRINGFELLOW; James Paul Kiel, Jr., Defendants-Appellees
03-50425.
Court of Appeals for the Fifth Circuit.
Nov 24, 2003.
81 F. App'x 487
Juan Enriquez, pro se, Tennessee Colony, TX, for Plaintiff-Appellant., Marjolyn Carol Gardner, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellees.
Barksdale, Garza, Dennis.
Cited by 2 opinions  |  Unpublished
PER CURIAM: *

Juan Rudy Enriquez, Texas prisoner number 227122, appeals, pro se, the Fed. R. Civ. P. 12(b)(6) dismissal of his 42 U.S.C. § 1983 action by which Enriquez challenged Texas Board of Pardons and Paroles’ procedures on due process and equal protection grounds. (Enriquez’ motion for appointment of counsel is DENIED.)

A Rule 12(b)(6) dismissal is reviewed de novo. E.g., McGrew v. Texas Board of Pardons & Paroles, 47 F.3d 158, 160 (5th Cir.1995). As a Texas prisoner, Enriquez is precluded from complaining that the procedures used to determine his parole eligibility were unconstitutional. See Johnson v. Rodriguez, 110 F.3d 299, 308 (5th Cir.), cert. denied, 522 U.S. 995, 118 S.Ct. 559, 139 L.Ed.2d 400 (1997). Cook v. Texas Dep’t of Criminal Justice Transitional Planning Dep’t, 37 F.3d 166 (5th Cir.1994), did not call into question the long-standing rule later iterated in Johnson that Texas prisoners have no protected liberty interest in parole and, therefore, cannot challenge the constitutionality of review proce[*488] dures attendant to parole decisions; the issue was not raised in that case.

The absence of a protected liberty interest in release on parole does not, however, preclude an equal protection claim. Sandin v. Conner, 515 U.S. 472, 487 n. 11, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). Nevertheless, Enriquez does not raise the equal protection claim in his brief; that issue is abandoned. E.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

AFFIRMED; MOTION DENIED

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.