Houston v. Davenport et al (INMATE 1)

Filing 58

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

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.

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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