Jenkins v. Alabama Pardons and Parole Board et al (INMATE 1)

Filing 8

ORDER that (1) The 7 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's claims against the Alabama Pardons and Parole Board and Donna Kennedy are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i); (3) Plaintiff� 39;s request for monetary damages from agents or members of the Parole Board regarding the decision to deny parole are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(iii); and (4) Plaintiffs request for release on parole is DISMISSED wi thout prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because the sole federal remedy in which to obtain this relief is a 28 U.S.C. § 2254 petition for habeas corpus relief. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 8/22/2016. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LARRIE JENKINS, # 251907,
Plaintiff,
v.
ALABAMA PARDON AND
PAROLE BOARD, et al.,
Defendants.

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CASE NO. 2:16-CV-570-WKW
[WO]

ORDER
On July 28, 2016, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 7.) Upon an independent review of the
file and upon consideration of the Recommendation, it is ORDERED that
(1)

The Recommendation is ADOPTED;

(2)

Plaintiff’s claims against the Alabama Pardons and Parole Board and

Donna Kennedy are DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i);
(3)

Plaintiff’s request for monetary damages from agents or members of

the Parole Board regarding the decision to deny parole are DISMISSED with
prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii); and

(4)

Plaintiff’s request for release on parole is DISMISSED without

prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) because the sole federal remedy
in which to obtain this relief is a 28 U.S.C. § 2254 petition for habeas corpus relief.
A separate final judgment will be entered.
DONE this 22nd day of August, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE