Manuel v. Ivey (INMATE 1)(NO DISCOVERY)

M.D. Alabama

Manuel v. Ivey (INMATE 1)(NO DISCOVERY)

DecidedJanuary 24, 2022

Docket2:19-cv-00105

StatusUnknown

This text of Manuel v. Ivey (INMATE 1)(NO DISCOVERY) (Manuel v. Ivey (INMATE 1)(NO DISCOVERY)) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Manuel v. Ivey (INMATE 1)(NO DISCOVERY), (M.D. Ala. 2022).

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Opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DE'ANGELO MANUEL, ) ) Plaintiff, ) ) CIVIL ACTION NO. v. ) 2:19cv105-MHT ) (WO) KAY IVEY, Governor, State ) of Alabama, et al., ) ) Defendants. )

OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state inmate, filed this lawsuit challenging the parole board’s reconsideration of a decision granting him parole and subsequent denial of parole. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants’ motion for summary judgment should be granted. Also before the court are plaintiff’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled* and the magistrate judge’s recommendation adopted, albeit for

slightly different reasons. An appropriate judgment will be entered. DONE, this the 24th day of January, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

* Even assuming, as plaintiff argues, that he submitted sufficient evidence to establish a causal connection between the governor’s actions and the parole board’s decision to deny him parole, he has failed to show that the decision to deny him parole was wholly arbitrary and capricious or that the board engaged in “flagrant or unauthorized action.” Thomas v. Sellers, 691 F.2d 487, 489 (11th Cir. 1982).

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DE'ANGELO MANUEL, ) ) Plaintiff, ) ) CIVIL ACTION NO. v. ) 2:19cv105-MHT ) (WO) KAY IVEY, Governor, State ) of Alabama, et al., ) ) Defendants. )

OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state inmate, filed this lawsuit challenging the parole board’s reconsideration of a decision granting him parole and subsequent denial of parole. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants’ motion for summary judgment should be granted. Also before the court are plaintiff’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled* and the magistrate judge’s recommendation adopted, albeit for

slightly different reasons. An appropriate judgment will be entered. DONE, this the 24th day of January, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

* Even assuming, as plaintiff argues, that he submitted sufficient evidence to establish a causal connection between the governor’s actions and the parole board’s decision to deny him parole, he has failed to show that the decision to deny him parole was wholly arbitrary and capricious or that the board engaged in “flagrant or unauthorized action.” Thomas v. Sellers, 691 F.2d 487, 489 (11th Cir. 1982).

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Manuel v. Ivey (INMATE 1)(NO DISCOVERY), Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-v-ivey-inmate-1no-discovery-almd-2022.

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