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16-570 - Jenkins v. Alabama Pardons and Parole Board et al (INMATE 1)


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16-570 - Jenkins v. Alabama Pardons and Parole Board et al (INMATE 1)
July 28, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint filed by Larrie Jenkins that: 1. The claims presented by the plaintiff against the Alabama Pardons and Parole Board and Donna Kennedy be dismissed with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i). 2. The request for monetary damages from agents or members of the Parole Board regarding the decision to deny parole be dismissed with prejudice in accordance with theprovisions of 28 U.S.C. 1915(e)(2)(B)(iii). 3. The plaintiffs request for release on parole be dismissed without prejudice as directed by the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) because the sole federal remedy in which to obtain this relief is a 28 U.S.C. 2254 petition for habeas corpus relief. 4. This case be summarily dismissed. Objections to R&R due by 8/11/2016. Signed by Honorable Judge Wallace Capel, Jr on 7/28/2016. (dmn, )
August 22, 2016
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ORDER that (1) The 7 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's claims against the Alabama Pardons and Parole Board and Donna Kennedy are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i); (3) Plaintiff's request for monetary damages from agents or members of the Parole Board regarding the decision to deny parole are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(iii); and (4) Plaintiffs request for release on parole is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because the sole federal remedy in which to obtain this relief is a 28 U.S.C. ยง 2254 petition for habeas corpus relief. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 8/22/2016. (dmn, )