McCaa v. Alabama Board of Pardons and Paroles et al (INMATE 2)

Filing 29

OPINION AND ORDER directing as follows: (1) plf's 16 Objections are overruled; (2) the Magistrate Judge's 8 Report and Recommendation is adopted to the extent that it recommends dismissal of defendant Alabama Board of Pardons and Paro les is adopted; said defendant is dismissed and terminated; (3) the 8 Report and Recommendation is rejected to the extent it recommends the dismissal of the damages request against defendants William W. Wynne, Jr., Robert P. Longshore, and Cliffor d W. Walker; The damages request has already been dismissed;(4) this case is referred back to the magistrate judge for further appropriate relief. Signed by Honorable Judge Myron H. Thompson on 5/23/14. (Attachments: # 1 civil appeals checklist)(djy, )

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

ANTHONY WAYNE McCAA,
Plaintiff,
v.
ALABAMA BOARD OF
PARDONS AND PAROLES,
et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv75-TMH
(WO)

OPINION AND ORDER
In this lawsuit brought pursuant to 42 U.S.C. § 1983,
plaintiff Anthony Wayne McCaa, a state inmate, claims that
he was denied fair consideration for parole in violation
of his constitutional rights.
court

on

the

magistrate

This case is before the

judge’s

recommendation

that

McCaa’s claims against defendant Alabama Board of Pardons
and Paroles be dismissed with prejudice before service of
process and that McCaa’s request for damages against
defendants William W. Wynne, Jr., Robert P. Longshore, and

Clifford W. Walker be dismissed with prejudice.

McCaa has

filed objections to the recommendation.
Subsequent to the entry of the recommendation, McCaa,
with leave of the court, amended his complaint to limit
his requested relief to only declaratory and injunctive.
Because McCall has so limited his relief, the magistrate
judge’s

recommendation

to

the

extent

it

recommends

dismissal of McCaa’s request for damages is moot.
***
Accordingly, after an independent and de novo review
of the record, it is ORDERED as follows:
(1) Plaintiff Anthony Wayne McCaa’s objections (doc.
no. 16) are overruled.
(2) The magistrate judge’s recommendation (doc. no. 8)
is adopted to the extent that it recommends dismissal of
defendant Alabama Board of Pardons and Paroles is adopted.
Said defendant is dismissed and terminated.
(3) The recommendation (doc. no. 8) is rejected to the
extent it recommends the dismissal of the damages request

2

against

defendants

William

W.

Wynne,

Longshore, and Clifford W. Walker.

Jr.,

Robert

P.

The damages request

has already been dismissed.
(4) This case is referred back to the magistrate judge
for further appropriate relief.
DONE, this 23rd day of May, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE