Trammell v. Alabama Board of Pardons and Paroles (INMATE 3)

Filing 25

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 23 Recommendation is adopted. (2) The 1 Petition for writ of habeas corpus is (a) denied with prejudice to the extent that pet itioner presents claims attacking the August 1, 2014, judgment of the Montgomery Circuit Court denying his petition for certiorari regarding the setting of his initial parole consideration date and (b) denied without prejudice to the extent that pet itioner presents claims challenging the October 2014 decision denying him parole, failing to credit approximately six years against his sentence, and setting his next parole consideration for October 2017. (3) It is further ORDERED that costs are tax ed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/9/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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

DEMETRIUS DION TRAMMELL,

)
)
)
)
)
)
)
)
)
)

Petitioner,
v.
ALABAMA BOARD OF PARDONS
AND PAROLES, et al.,
Respondents.

CIVIL ACTION NO.
2:15cv23-MHT
(WO)

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

United

States

Magistrate

Judge's

recommendation (doc. no. 23) is adopted.
(2) The petition for writ of habeas corpus (doc.
no. 1) is (a) denied with prejudice to the extent that
petitioner

presents

claims

attacking

the

August

1,

2014, judgment of the Montgomery Circuit Court denying
his petition for certiorari regarding the setting of

his initial parole consideration date and (b) denied
without

prejudice

to

the

extent

that

petitioner

presents claims challenging the October 2014 decision
denying him parole, failing to credit approximately six
years against his sentence, and setting his next parole
consideration for October 2017.
(3) It

is

further

ORDERED

that

costs

are

taxed

against petitioner, for which execution may issue.
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
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 9th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE