Smith v. Wynn, et al (INMATE2), No. 2:2009cv00006 - Document 14 (M.D. Ala. 2009)

Court Description: OPINION AND ORDER that: 11 Recommendation of the Magistrate Judge is ADOPTED; that Plaintiff's 42 U.S.C. § 1983 claims for monetary damages against Defendants Wynn, McGill, and Weatherly are DISMISSED with prejudice, prior to service of p rocess; that Plaintiff's challenge to Defendants decision to deny him parole and his request for injunctive relief, construed as a request for a new parole consideration hearing, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 3/2/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DANNY LEE SMITH, #111 978, Plaintiff, v. WILLIAM WYNN, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv6-TMH OPINION AND ORDER The Magistrate Judge filed a Recommendation (Doc. #11) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #11) of the Magistrate Judge is ADOPTED. Plaintiff s 42 U.S.C. § 1983 claims for monetary damages against Defendants Wynn, McGill, and Weatherly are DISMISSED with prejudice, prior to service of process, under 28 U.S.C. § 1915(e)(2)(B)(iii) because Defendants, as members of Alabama s Board of Pardons and Parole, are entitled to quasi-judicial immunity from suits requesting damages based on their decisions in the parole consideration process. It is further ORDERED that Plaintiff s challenge to Defendants decision to deny him parole and his request for injunctive relief, construed as a request for a new parole consideration hearing, is REFERRED back to the Magistrate Judge for further proceedings. Done this 2nd day of March, 2009. /s/ Truman M. Hobbs UNITED STATES DISTRICT JUDGE 2