Carey v. Mason et al (INMATE 2)

Filing 79

OPINION AND ORDER: it is ORDERED that: (1) The 78 motion to dismiss plf's due-process claim regarding the 8/23/2013, disciplinaries is granted; (2) Plf's due-process claim is dismissed without prejudice; and (3) This case is referred back to the magistrate judge for additional proceedings. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CARLOS CAREY, #245045,

)
)
Plaintiff,
)
)
v.
)
)
WARDEN RENE MASON, et al., )
)
Defendants.
)

CIVIL ACTION NO.
2:13cv705-MHT
(WO)

OPINION AND ORDER
Before the court is plaintiff’s motion to dismiss
certain grounds.
made

regarding

He requests dismissal of challenges
five

disciplinaries

he

received

on

August 23, 2013, for an incident which occurred at the
Bullock

Correctional

Facility

on

August

22,

2003.

Plaintiff states he wishes to pursue his due-process
challenge regarding the disciplinaries in question in
state court and that he is not abandoning the facts of
his due-process claim.

Upon review of the motion, the

court concludes that the motion should be granted.

***
Accordingly, it is ORDERED that:
(1) The motion to dismiss plaintiff’s due-process
claim

regarding

the

August

23,

2013,

due-process

claim

disciplinaries

(doc. no. 78) is granted;
(2) Plaintiff’s

is

dismissed

without prejudice; and
(3) This case is referred back to the magistrate
judge for additional proceedings.
DONE, this the 17th day of November, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE