Owens v. Alabama Board of Pardons & Paroles et al (INMATE 2)

Filing 11

ORDER that the court has determined the 9 Objections to be without merit, and they are hereby OVERRULED; The court ADOPTS both 7 & 8 Recommendations of the Magistrate Judge, and it is hereby ORDERED as follows: 1) Plf's 1 Motion for Prel iminary Injunction, included on page 9 of his Complaint, is DENIED; 2) Plf's claims against Alabama Board of Pardons and Paroles are DISMISSED with prejudice prior to service of process under 28 USC § 1915 (e)(2)(B)(i); 3) The Alabama Board of Pardons and Paroles is DISMISSED as a party to this cause of action; 4) Plf's claims for monetary damages against Dfs are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 USC § 1915(e)(2)(B)(i ii); 5) With respect to Plf's remaining claims, which include his request for a permanent injunction, and his claims against the individual Parole Board members other than his claim for monetary damages against them, this case is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 12/19/2013. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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

RAYMOND OWENS, #214 918,
Plaintiff,
v.
ALABAMA BOARD OF PARDONS
AND PAROLES, et al.,
Defendants.

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CIVIL ACTION NO. 2:13cv768-WHA
(WO)

ORDER
This case is before the court on two Recommendations of the Magistrate Judge (Docs. #7
and #8), entered on December 3, 2013, and the Plaintiff’s Objections to Magistrates
Recommendations (Doc. #9), filed on December 12, 2013.
Following an independent evaluation and de novo review of the file in this case, the court
has determined the objections to be without merit, and they are hereby OVERRULED. The
court ADOPTS both Recommendations of the Magistrate Judge, and it is hereby ORDERED as
follows:
1. Plaintiff’s Motion for Preliminary Injunction, included on page 9 of his Complaint, is
DENIED.
2. Plaintiff’s claims against Alabama Board of Pardons and Paroles are DISMISSED
with prejudice prior to service of process under 28 U.S.C. § 1915 (e)(2)(B)(i).
3. The Alabama Board of Pardons and Paroles is DISMISSED as a party to this cause of
action.

4. Plaintiff’s claims for monetary damages against Defendants are DISMISSED with
prejudice prior to service of process in accordance with the provisions of 28 U.S.C. §
1915(e)(2)(B)(iii).
5. With respect to Plaintiff’s remaining claims, which include his request for a
permanent injunction, and his claims against the individual Parole Board members other than his
claim for monetary damages against them, this case is referred back to the Magistrate Judge for
further proceedings.
DONE this 19th day of December, 2013.

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