Grady v. Daniels et al (INMATE 2)

Filing 44

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

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