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

Filing 19

ORDERED that the 14 RECOMMENDATION of the Magistrate Judge is ADOPTED; it is ORDERED that Plaintiff's 42 USC 1983 claims for monetary damages against Defendants Wynn, McGill, and Weatherly are DISMISSED with prejudice prior to service of proce ss pursuant to 28 USC 1915(e)(2)(B)(iii); that Plaintiff'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); that Plaintiff's c laims against the Alabama Board of Pardons and Paroles are DISMISSED with prejudice prior to service of process under 28 USC 1915(e)(2)(B)(i); and that the Alabama Board of Pardons and Paroles is DISMISSED as a party to this cause of action; further ORDERED that Plf's challenge to Dft's decision to deny him parole and his request for injunctive relief, construed by the Court 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 3/19/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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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 L A R R Y JOHNSON, #115 808, P la in tif f , v. THE ALABAMA BOARD OF PARDONS A N D PAROLES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv11-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #14) 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. #14) of the Magistrate Judge is A D O P T E D . For the reasons stated by the Magistrate Judge, it is O R D E R E D that Plaintiff's 42 U.S.C. 1983 claims for monetary damages against D e f en d a n ts Wynn, McGill, and Weatherly are DISMISSED with prejudice prior to service o f process pursuant to 28 U.S.C. 1915(e)(2)(B)(iii); that Plaintiff's claims arising from a c tio n s which occurred prior to January 5, 2007, are DISMISSED with prejudice prior to s e rv i c e of process pursuant to 28 U.S.C. 1915(e)(2)(B)(i); that Plaintiff's claims against th e Alabama Board of Pardons and Paroles are DISMISSED with prejudice prior to service o f process pursuant to 28 U.S.C. 1915 (e)(2)(B)(i); and that the Alabama Board of Pardons a n d Paroles is DISMISSED as a party to this cause of action. It is further O R D E R E D that Plaintiff's challenge to Defendant's decision to deny him parole and h is request for injunctive relief, construed by the Court as a request for a new parole c o n s id e r a tio n hearing, is REFERRED back to the Magistrate Judge for further proceedings. D o n e this 19th day of March, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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