Millsap v. Kelley

Summary

The court dismissed Millsap’s appeal from the dismissal of his declaratory-judgment and mandamus petition because the petition was, in substance, an untimely and successive request for postconviction relief. The court held that the clemency statute did not create a liberty interest in parole eligibility and that a collateral attack on a sentence could not proceed as a declaratory-judgment action. Millsap’s motion to proceed as a pauper and for additional time to file his brief was therefore moot.