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15-023 - Trammell v. Alabama Board of Pardons and Paroles et al (INMATE 3)


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15-023 - Trammell v. Alabama Board of Pardons and Paroles et al (INMATE 3)
January 17, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that the 1 Petition for Writ of Habeas Corpus filed by Demetruis Dion Trammell be DENIED and this case be (1) dismissed with prejudice to the extent Trammell presents claims attacking the August 1, 2014 judgment of the Montgomery County Circuit Court denying his petition for certiorari challenging the Boards setting of his initial parole consideration date; and (2) dismissed without prejudice to the extent Trammell presents claims challenging the October 2014 decision of the Board denying him parole, failing to credit approximately six years against his sentence, and setting his next parole consideration for October 2017. Objections to R&R due by 1/31/2017. Signed by Honorable Judge Susan Russ Walker on 1/17/2017. (dmn, )
February 9, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 2/9/2017. (dmn, )
February 9, 2017
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itioner presents claims attacking the August 1, 2014, judgment of the Montgomery Circuit Court denying his petition for certiorari regarding the setting of his initial parole consideration date and (b) denied without prejudice to the extent that petJUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 23 Recommendation is adopted. (2) The 1 Petition for writ of habeas corpus is (a) denied with prejudice to the extent that petitioner presents claims challenging the October 2014 decision denying him parole, failing to credit approximately six years against his sentence, and setting his next parole consideration for October 2017. (3) It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/9/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )