Grady v. Daniels et al (INMATE 2)

Filing 44

OPINION. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (kh, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LARRY JEROME GRADY, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. LEEPOSEY DANIELS, Warden, et al., Defendants. CIVIL ACTION NO. 2:14cv991-MHT (WO) OPINION Pursuant Jerome to Grady, asserting 42 a that U.S.C. state § 1983, prisoner, defendants plaintiff filed Leeposey Larry this lawsuit Daniels, Charles McKee, and Althea Jones wrongfully denied him two books and that he was transferred and removed from school in retaliation for exercising his First Amendment right to complain about the denial of the books. This lawsuit is now before the court on the recommendation of the United McKee, States and Magistrate Jones’s Judge motion that: to (1) Daniels, dismiss Grady's book-denial claim for failure to exhaust administrative remedies and for lack of standing be denied; (2) Daniels, McKee, and Jones’s motion for summary judgment be granted claims, as to Grady's all of Grady’s book-denial official-capacity claim, and Grady's retaliatory-transfer claim against McKee and Jones in their individual summary capacities; judgment be retaliatory-transfer recommendation. review of magistrate The case the record, will retaliatory-transfer the as against motion to Daniels for Grady’s in his There are no objections to the After judge’s (3) denied claim individual capacity. and an the independent court recommendation proceed claim to and concludes should trial against de that novo the be adopted. on Grady’s Daniels in his individual capacity. An appropriate judgment will be entered. DONE, this the 7th day of August, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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