McCoy v. Board of Pardons and Paroles et al (INMATE 1)

Filing 19

ORDER AND OPINION that the Recommendation of the Magistrate Judge 8 be and is hereby ADOPTED and that: 1. The claims against the Board of Pardons and Paroles is DISMISSED with prejudice as further set out; 2. To the extent the plaintiff presents cl aims which challenge the constitutionality of the revocation of his parole by the Alabama Board of Pardons and Paroles, these claims are DISMISSED as further set out; 3. As the plaintiff's claims against Cynthia Dillard relate to the parole board's decision to revoke parole, Dillard is DISMISSED as a defendant; 4. The plaintiff's claim of excessive force lodged against defendants Armagost, McCune, Forbus, McCurdy and Delgardo are referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 10/28/2013. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WARREN MCCOY, #179302,
Plaintiff,
v.
BOARD OF PARDONS and PAROLES,
et al.,
Defendants.

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CIVIL ACTION NO. 2:13cv627-WHA

ORDER AND OPINION
On September 25, 2013, the Magistrate Judge filed a Recommendation in this case
to which no timely objections have been filed. (Doc. # 8). Upon an independent
review of the file in this case and upon consideration of the Recommendation of the
Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge
be and is hereby ADOPTED and that:
1.

The claims against the Board of Pardons and Paroles is DISMISSED with

prejudice in accordance with the directives of 28 U.S.C. ' 1915(e)(2)(B)(i).
2.

To the extent the plaintiff presents claims which challenge the

constitutionality of the revocation of his parole by the Alabama Board of Pardons and
Paroles, these claims are DISMISSED pursuant to the provisions of 28 U.S.C. '
1915(e)(2)(B)(ii) as such claims are not cognizable in the instant civil action.

3.

As the plaintiff=s claims against Cynthia Dillard relate to the parole board=s

decision to revoke parole, Dillard is DISMISSED as a defendant.
4.

The plaintiff=s claim of excessive force lodged against defendants

Armagost, McCune, Forbus, McCurdy and Delgardo are referred back to the Magistrate
Judge for appropriate proceedings.
DONE this 28th day of October, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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