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16-848 - Johnson v. Alabama Board of Pardons and Paroles et al (INMATE 2)


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16-848 - Johnson v. Alabama Board of Pardons and Paroles et al (INMATE 2)
January 4, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's claims challenging events which occurred on or before August 16, 2016, be DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) as Plaintiff failed to file the complaint regarding these allegations within the time prescribed by the applicable statute of limitations; 2. Plaintiff's § 1983 claims against Defendant Alabama Board of Pardons and Paroles be DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); 3. Plaintiff's request for monetary damages against Defendants Hill and Hartly in their official and/or individual capacities be DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(iii); 4. Plaintiff's request for injunctive relief against Defendants Hill and Hartly be referred to the undersigned for further proceedings. Objections to R&R due by 1/18/2017. Signed by Honorable Judge Wallace Capel, Jr on 1/4/2017. (kh, ) (Main Document 14 replaced on 1/30/2017) (kh, ).
April 24, 2017
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ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 14) is MODIFIED in part to reflect that all claims against Hill and Hartley are due to be dismissed on grounds that Hill and Hartley are not Board members and do not have the authority to grant Plaintiff a pardon. In all other respects, the Recommendation of the Magistrate Judge (Doc. # 14) is ADOPTED. 2. Plaintiff's claims challenging events that occurred on or before August 16, 2014, are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) because Plaintiff failed to file a complaint regarding these allegations within the time prescribed by the applicable statute of limitations. 3. Plaintiff's 1983 claims against Defendant Alabama Board of Pardons and Paroles are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff may pursue his claims for declaratory and injunctive relief against Defendants Longshore, Walker, and Wynne. 4. Plaintiff's claims for monetary, injunctive, and declaratory relief against Defendants Hill and Hartley are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) for failure to state a claim upon which relief can be granted. 5. Plaintiff's Objections (Doc. # 15) are OVERRULED except that Plaintiff may proceed with his claims for declaratory and injunctive relief against Defendants Longshore, Walker, and Wynne. 6. This case is REFERRED back to the Magistrate Judge for further proceedings on Plaintiff's claims for declaratory and injunctive relief against Defendants Longshore, Walker, and Wynne. Signed by Chief Judge William Keith Watkins on 4/24/2017. (kh, )