Anderson v. Cochran et al (INMATE 2)

Filing 16

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 10/29/2015. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TERRY WAYNE ANDERSON, Plaintiff, v. ALABAMA BOARD OF PARDONS AND PAROLES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:15cv241-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, brings suit against defendants, contending that the 2013 decision of the Alabama Board of Pardons and Paroles to deny him another parole hearing for more than three years violated the Ex Post Facto Clause. This cause is now before the court on the recommendation of the magistrate judge that this case be dismissed. Also before the court are plaintiff’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled and the recommendation should be adopted, except that dismissal will be without prejudice. An appropriate judgment will be entered. DONE, this the 29th day of October, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE the

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