Spivey v. Powell et al

Filing 11

ORDER DENYING 10 Motion for Reconsideration. Ordered by Judge Marc Thomas Treadwell on 08/04/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
:
MANDRIEZ RAMON SPIVEY,
:
:
Plaintiff
:
:
VS.
:
:
GD&CP, et al.,
:
:
Defendants
:
________________________________:

NO. 5:11-CV-262 (MTT)
ORDER

Before the Court is pro se Plaintiff MANDRIEZ SPIVEY’S motion for
reconsideration of this Court’s July 11, 2011 dismissal of the instant 42 U.S.C. § 1983
lawsuit (Doc. 10). The Court dismissed Plaintiff’s complaint alleging that he had been
denied “parole process,” in part because a prisoner has no constitutional right to parole
in Georgia and, even if there were such a right, Plaintiff’s claim would lie against the
Georgia Board of Pardons and Paroles (the “Board”) or its members.
In his motion for reconsideration, Plaintiff states that the Defendant Georgia
Diagnostic and Classification Prison employees have denied Plaintiff the opportunity to
“participate in the Georgia Diagnostic Classification Process.” Specifically, Plaintiff
claims that he was not given classes that are required before parole can be assessed, a
pre-release DNA swab, and “all other information ob[tain]ed by the [Board] from all
inmates before parole can be granted.” Plaintiff states that he is being forced to serve
his maximum sentence “without the express consent or knowledge of the Parole Board.”

Plaintiff cites no authority for his position that the Defendants are responsible for
facilitating his consideration for parole by the Board. Indeed, O.C.G.A. § 42-9-45(a)
provides that the Board’s consideration of inmates for parole is automatic – no
application is required. See also Ga. Comp. R. & Regs. r. 475-3-.05(1). It is thus the
responsibility of the Board to institute the parole process and to seek and obtain
whatever information it deems appropriate for consideration of Plaintiff for parole.
Based on the foregoing, Plaintiff’s motion to reconsider is DENIED.
SO ORDERED, this 4th day of August, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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