Henderson v. Gwathney et al (INMATE 1)
Kendall Henderson |
Alabama Board of Pardons and Paroles, Clifford Walker and Leigh Gwathney |
2:2020cv00381 |
June 5, 2020 |
US District Court for the Middle District of Alabama |
Andrew L Brasher |
Charles S Coody |
William Keith Watkins |
Habeas Corpus (Prison Condition) |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 13 ORDERED as follows: (1) Plaintiff's Objection (Doc. # 12 ) is OVERRULED; (2) The Recommendation (Doc. # 10 ) is ADOPTED; (3) Plaintiff's request for monetary damages against Leigh Gwathney and Clifford Walker is DISMISSED with prejudic e under 28 U.S.C. 1915(e)(2)(B)(iii) as Defendants are entitled to sovereign and quasi-judicial immunity from such damages.(4) Plaintiff's claims challenging the fundamental legality of the revocation of his parole by Defendants are DISMISSED wi thout prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims currently provide no basis for relief. (5) Plaintiff's supplemental state law claim is DISMISSED without prejudice to any right Plaintiff may have to present this claim to the stat e courts, see 28 U.S.C. 1367(c). (6) This action is DISMISSED prior to service of process under 28 U.S.C. 1915(e) 2)(B)(ii) and (iii). A final judgment will be entered separately. Signed by Honorable Judge William Keith Watkins on 8/5/2020. (kh, ) |
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