Johnson v. Alabama Board of Pardons and Paroles et al (INMATE 2)
| Aaron Lamont Johnson |
| Alabama Board of Pardons and Paroles, Phyllis Hill and Shirley Hartly |
| 2:2016cv00848 |
| October 27, 2016 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Jefferson |
| William Keith Watkins |
| Wallace Capel |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
54
MEMORANDUM OPINION AND ORDER: Now pending before the Court is the Plaintiff's notice of appeal (doc. 50 ) which the Court construes as containing a Motion for Leave to Appeal in forma pauperis and a Motion for Certificate of Appealability. I t is ORDERED that the appeal in this cause is certified, pursuant to 28 U.S.C. 1915(a), as not taken in good faith, and the motion for leave to appeal in forma pauperis and motion for a certificate of appealability (doc. 50 ) are DENIED. It is furth er ORDERED that, pursuant to the provisions of the Prison Litigation Reform Act, 28 U.S.C. 1915 (as amended), the Plaintiff is required to pay the requisite $505.00 fee for filing this notice of appeal as further set out in the opinion and order . To aid those persons having custody of the Plaintiff in complying with the requirements of this order, the Clerk is DIRECTED to furnish a copy of this order to the inmate account clerk at Donaldson Correctional Facility. Signed by Chief Judge Emily C. Marks on 1/31/2020. Copy mailed to inmate account clerk at Donaldson CF as directed. Furnished Appeals Clerk, Cashier. (dmn, )
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Filing
48
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows that: 1) the Plf's 47 objections are OVERRULED; 2) the 46 Recommendation of the Magistrate Judge is ADOPTED; 3) the Dfts' 22 & 29 motion for summary judgment is GRANTED; 4) j udgment is GRANTED in favor of the Dfts; 5) this case be and is hereby DISMISSED with prejudice; and 6) costs of this proceeding be and are hereby TAXED against the Plf for which execution may issue; A separate judgment will be entered. Signed by Chief Judge Emily C. Marks on 1/8/2020. (amf, )
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Filing
31
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, injunct ive, 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 OVERRU LED 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, )
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