Thomas v. Alabama Board of Pardons & Paroles et al (INMATE 1)

Filing 26

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The plaintiff's 8 Objection filed on 7/1/2013 to the Recommendation of the Magistrate Judge is overruled; 2. The 6 Recommendation of the Magistrate Judge entered on 6/20/201 3 is adopted; 3. The plaintiff's claims against the Alabama Board of Pardons and Paroles and the victim's rights advocate for VOCAL are dismissed prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 4 . The Alabama Board of Pardons and Paroles and the victims rights advocate for VOCAL are dismissed as defendants in this cause of action; 5. This case, with respect to the allegations set forth against defendants Wynne, Longshore, Walker, Dillard and the victims rights representative for the Attorney General of Alabama, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 10/7/2013. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MELVIN FRANCIS THOMAS, #189325, )
)
Plaintiff,
)
v.
)
)
ALABAMA BOARD OF PARDONS &
)
PAROLES, et al.,
)
)
Defendants.
)

CASE NO. 2:13-cv-0346-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #8) filed on July 1, 2013 to the Recommendation
of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #6) entered on June 20, 2013
is adopted;
3. The plaintiff’s claims against the Alabama Board of Pardons and Paroles and
the victim’s rights advocate for VOCAL are dismissed prior to service of process
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i);
4. The Alabama Board of Pardons and Paroles and the victim’s rights advocate
for VOCAL are dismissed as defendants in this cause of action;
5. This case, with respect to the allegations set forth against defendants Wynne,
Longshore, Walker, Dillard and the victim’s rights representative for the Attorney

General of Alabama, is referred back to the Magistrate Judge for appropriate proceedings
DONE this the 7th day of October, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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