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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Jan 25 2012, 9:27 am
of the supreme court, court of appeals and tax court

APPELLANT PRO SE: KENNETH W. GIBBS Pro Se

CLERK

IN THE COURT OF APPEALS OF INDIANA
KENNETH W. GIBBS, Appellant, vs. INDIANA PAROLE BOARD, Appellee. ) ) ) ) ) ) ) ) )

No. 52A04-1106-MI-378

APPEAL FROM THE MIAMI CIRCUIT COURT The Honorable Robert A. Spahr, Judge Cause No. 52C01-1105-MI-145

January 25, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Kenneth W. Gibbs, an inmate at Miami Correctional Facility, filed a pro se1 action for mandate requiring the Indiana Parole Board (the Board) to determine his parole eligibility based on a vote of all five Board members. The trial court denied his petition upon its finding that Gibbs "failed to state a basis for which relief should be granted." Appellant's Appendix at 3. On appeal, Gibbs contends the trial court's ruling was erroneous because the relief he seeks, i.e., a vote by all five members of the Board to determine his parole eligibility, is mandated by Ind. Code Ann.

Download Kenneth W. Gibbs v. Indiana Parole Board.pdf

Indiana Law