Howell v. Hall et al

Filing 13

ORDER overruling all of Plaintiff's objections; adopting the 9 Magistrate Judge's Report and Recommendation as the opinion of the Court; dismissing Plaintiff's complaint for failure to state a claim upon which relief may be granted; and closing this civil action. Signed by Judge Dudley H. Bowen on 3/9/2017. (jah)

FILED

u.s.Disrr'CT court
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

ZOllHAR-q p j: 12
CLCr'L.

JOHNATHAN SANTEDRO HOWELL,
Plaintiff,
CV 317-001

V.

WARDEN HALL;
WARDEN GAMMAGE;
WAPDEN McCLOUD;
WARDEN MS.LEWIS;
miT MANAGER GRANT; REGION.\L
DIRECTOR TOOLE; ASSISTANT OTIS
STANTON; and LT. DAVIS,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 11.)
Plaintiff provides no information to undermine the Magistrate Judge's analysis the case is
due to be dismissed for failure to state a claim upon which relief can be granted. To the
extent Plaintiff attempts to cure the deficiency with his due process claim by alleging his
chances at parole are hindered by his placement in Tier II segregation, (see id at 1), his
argument fails. "A state parole system creates a liberty interest in parole that is subject to the
protections of the Due Process Clause only when it establishes a legitimate expectation of
parole," but the Eleventh Circuit has ruled "Georgia's parole system does not create a

legitimate expectation of parole." Porter v. Rav. 461 F.Bd 1315, 1322-23 (11th Cir. 2006).

Accordingly, the Court OVERRULES all of Plaintiffs objections, ADOPTS the
Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs
complaint for failure to state a claim upon which relief may be granted, and CLOSES this
civil action.
SO ORDERED this

day of March, 2017, at Augusta, Georgia

UNITED STATES DISTRICT JUDGE