Smith v. Wynn, et al (INMATE2)

Filing 14

OPINION AND ORDER that: 11 Recommendation of the Magistrate Judge is ADOPTED; that Plaintiff's 42 U.S.C. § 1983 claims for monetary damages against Defendants Wynn, McGill, and Weatherly are DISMISSED with prejudice, prior to service of p rocess; that Plaintiff's challenge to Defendants decision to deny him parole and his request for injunctive relief, construed as a request for a new parole consideration hearing, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 3/2/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A N N Y LEE SMITH, #111 978, P la in tif f , v. WILLIAM WYNN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv6-TMH OPINION AND ORDER T h e Magistrate Judge filed a Recommendation (Doc. #11) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #11) of the Magistrate Judge is A D O P T E D . Plaintiff's 42 U.S.C. 1983 claims for monetary damages against Defendants W yn n , McGill, and Weatherly are DISMISSED with prejudice, prior to service of process, u n d er 28 U.S.C. 1915(e)(2)(B)(iii) because Defendants, as members of Alabama's Board o f Pardons and Parole, are entitled to quasi-judicial immunity from suits requesting damages b a se d on their decisions in the parole consideration process. It is further O R D E R E D that Plaintiff's challenge to Defendants' decision to deny him parole and h is request for injunctive relief, construed as a request for a new parole consideration h e a rin g , is REFERRED back to the Magistrate Judge for further proceedings. D o n e this 2nd day of March, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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