Perry v. The Alabama Board of Pardon and Paroles et al (INMATE 2)

Filing 15

ORDER, JUDGMENT and DECREE of the court that: (1) the plf's objection 14 is overruled; (2) the 11 REPORT AND RECOMMENDATIONS of the Mag Judge is adopted; (3) plf's claims for monetary damages against defs Wynn, McGill and Weatherly are DISMISSED with prejudice prior to service of process under 28 USC 1915(e)(2)(B)(iii); (4) plf's claims arising from actions which occurred prior to January 5, 2007 are DISMISSED with prejudice prior to service of process pursuant to 28 USC 1915( e)(2)(B)(i); (5) plf'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 Mag Judge for additional proceedings. Signed by Honorable Truman M. Hobbs on 3/5/09. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION L E O N PERRY, #174167, ) ) P l a i n t if f , ) v. ) ) T H E ALABAMA BOARD OF PARDONS ) A N D PAROLE, et al., ) ) D e f e n d a n ts . ) C A S E NO. 2:09-cv-010-TMH WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #14) to the Recommendation of the Magistrate J u d g e filed on February 19, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #11) filed on February 6, 2 0 0 9 is adopted; 3 . Plaintiff's claims for monetary damages against Defendants Wynn, McGill and W e a th e rly are DISMISSED with prejudice prior to service of process under 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii i) . 4 . Plaintiff's claims arising from actions which occurred prior to January 5, 2007 are D IS M IS S E D with prejudice prior to service of process pursuant to 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( i) . 5 . Plaintiff's challenge to defendants' decision to deny him parole and his request for i n j u n c tiv e relief, construed as a request for a new parole consideration hearing, is referred b a c k to the Magistrate Judge for additional proceedings. D O N E this 5th day of March, 2009. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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