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FOR PUBLICATION
APPELLANT PRO SE: JOHNNY MELVIN HOLLAND Carlisle, Indiana ATTORNEY FOR APPELLEE: STEVE CARTER Attorney General of Indiana DAVID A. ARTHUR Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHNNY MELVIN HOLLAND, Appellant-Plaintiff, vs. RAYMOND RIZZO, VALERIE PARKER, THOR MILLER and RANDALL GENTRY, Appellees-Defendants. ) ) ) ) ) ) ) ) ) )

No. 49A05-0612-CV-697

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kenneth H. Johnson, Judge Cause No. 49D02-0608-PL-35843

August 28, 2007

OPINION - FOR PUBLICATION

SHARPNACK, Judge

Johnny Melvin Holland appeals the trial court's dismissal of his complaint against the members of the Indiana Parole Board ("Parole Board"). Holland raises one issue, which we revise and restate as: I. Whether the trial court abused its discretion by treating the Parole Board's motion as a motion to dismiss rather than a motion for summary judgment; Whether the trial court erred by concluding that Holland was not eligible for parole consideration under Ind. Code

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