Houston v. Davenport et al (INMATE 1)

Filing 58

OPINION. Signed by Honorable Judge Myron H. Thompson on 1/11/2022. (es, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KENNETH HOUSTON, Plaintiff, v. CARTER DAVENPORT, Warden, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:18cv872-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed this lawsuit against two parole board members and the warden of a prison where he previously was incarcerated, claiming that the defendant warden approved a false disciplinary against him and that the defendant denied parole him Plaintiff hearing parole seeks expungement of where considered. board based members on injunctive the the the unconstitutionally false relief disciplinary challenged disciplinary. in and the a new disciplinary form of parole is not This lawsuit is now before the court on two recommendations of the United States Magistrate Judge: one that judgment the be defendant granted, warden’s and another motion that for the summary defendant parole board members’ motion for summary judgment be granted. Also objections to before the the court are plaintiff’s recommendations. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the magistrate judge’s recommendations adopted. An appropriate judgment will be entered. DONE, this the 11th day of January, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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