Ellison v. The Alabama Board of Pardons and Paroles (INMATE 2)

Filing 32

ORDER directing as follows: (1) the 31 Objection is overruled; (2) plf must file an amended complaint on or before 11/27/2014; (3) this case is referred back to the magistrate judge for additional proceedings, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/6/14. (djy, )

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

WILBUR LEE ELLISON,
Plaintiff,
v.
STATE OF ALABAMA BOARD OF
PARDONS AND PAROLES, in
their individual and
official capacities,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:14cv885-MHT
(WO)

ORDER
Now before the court is plaintiff’s objection to
the United States Magistrate Judge’s order (doc. no.
20) that he file an amended complaint on or before
October 20, 2014.

After an independent and de novo

review of the record, it is ORDERED as follows:
(1) The objection (doc. no. 31) is overruled.
(2) Plaintiff must file an amended complaint on or
before November 27, 2014.
(3) This case is referred back to the magistrate
judge for additional proceedings.

Plaintiff must amend his complaint to name as a
defendant each individual member of the parole board,
because the law does not allow the Board of Pardons and
Paroles to be sued as an entity.

Also, as plaintiff

seeks injunctive and declaratory relief, he must in his
amended complaint allege facts demonstrating how the
actions of the named defendants currently, and/or in
the immediate future will, harm him.

To the extent he

seeks damages, he also must allege facts showing that
the named defendants harmed him during the two years
prior to the filing of his initial complaint.
DONE, this the 6th day of November, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE