Grady v. Daniels et al (INMATE 2)

Filing 45

JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 41 ) is adopted. (2) Defendants Leeposey Dani els, Charles McKee, and Althea Joness motion to dismiss (doc. no. 20 ) plaintiff Larry Jerome Grady's book claim, based on failure to exhaust administrative remedies and lack of standing is denied. (3) Defendants Daniels, McKee, and Jones' ;s motion for summary judgment (doc. no. 20 ) is granted as to: (a) Plaintiff Grady's claims against defendants Daniels, McKee, and Jones in their official capacities; (b) Plaintiff Grady's claim against defendants Daniels, McKee, and Jone s based on the denial of books; and (c) Plaintiff Grady's individual-capacity claims against defendants McKee and Jones for retaliatory transfer. (4) Defendants Daniels, McKee, and Jones's motion for summary judgment (doc. no. 20 ) is deni ed as to plaintiff Grady's retaliatory- transfer claim against defendant Daniels in his individual capacity. (5) Judgment is entered against plaintiff Grady and in favor of defendants Daniels, McKee, and Jones on plaintiff Grady's official- capacity claims and on plaintiff Grady's claim of denial of books. (6) Judgment is entered against plaintiff Grady and in favor of defendants McKee and Jones on plaintiff Grady's individual-capacity claim of retaliatory transfer. (7) Defend ants McKee and Jones are terminated as parties to this action. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed, and will be set for a pretrial conference and a jury trial on plaintiffGradys remaining retaliatory-transfer claim against defendant Daniels. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (Attachments: # 1 Civil Appeals Checklist)(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.

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CIVIL ACTION NO.
2:14cv991-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 41) is adopted.
(2) Defendants Leeposey Daniels, Charles McKee, and
Althea

Jones’s

plaintiff

Larry

motion
Jerome

to

dismiss

Grady's

book

(doc.
claim,

no.
based

20)
on

failure to exhaust administrative remedies and lack of
standing is denied.

(3) Defendants Daniels, McKee, and Jones’s motion
for summary judgment (doc. no. 20) is granted as to:
(a) Plaintiff

Grady’s

claims

against

defendants Daniels, McKee, and Jones in their official
capacities;
(b) Plaintiff Grady's claim against defendants
Daniels, McKee, and Jones based on the denial of books;
and
(c) Plaintiff
claims

against

Grady’s

defendants

individual-capacity

McKee

and

Jones

for

retaliatory transfer.
(4) Defendants Daniels, McKee, and Jones’s motion
for summary judgment (doc. no. 20) is denied as to
plaintiff

Grady's

retaliatory-transfer

claim

against

defendant Daniels in his individual capacity.
(5) Judgment is entered against plaintiff Grady and
in favor of defendants Daniels, McKee, and Jones on
plaintiff

Grady’s

official-capacity

claims

plaintiff Grady’s claim of denial of books.
2

and

on

(6) Judgment is entered against plaintiff Grady and
in favor of defendants McKee and Jones on plaintiff
Grady’s

individual-capacity

claim

of

retaliatory

transfer.
(7) Defendants McKee and Jones are terminated as
parties to this action.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final

judgment

Rules

of

Civil

Procedure.
This case is not closed, and will be set for a
pretrial
Grady’s

conference
remaining

and

a

jury

trial

retaliatory-transfer

on

plaintiff

claim

against

defendant Daniels.
DONE, this the 7th day of August, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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