Opinion

Winchester v. Gwathney (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Jul 15, 2021
Cited by
0 cases
Authority
More cited than 31.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MACK WINCHESTER, #121276, )

)

Plaintiff, )

)

v. ) Case No. 2:21-cv-239-WHA-SMD

) [WO]

LEIGH GWATHNEY, et al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Pro se Plaintiff Mack Winchester (“Winchester”), an inmate incarcerated at the Red

Eagle Honor Farm in Montgomery, Alabama, brings this action under 42 U.S.C. § 1983.

Winchester alleges that Defendants Leigh Gwathney, Cliff Walker, and Dwayne Spurlock,

members of Alabama Board of Pardons and Paroles, violated the rules and procedures

governing the parole of inmates. Winchester requests that he be granted parole and released

from prison. Because Whinchester is proceeding in forma pauperis,1 the undersigned

Magistrate Judge has screened his complaint under 28 U.S.C. § 1915(e)(2)(B) and now

recommends that this case be dismissed.

In the Eleventh Circuit, a district court may review any complaint filed in forma

pauperis under 28 U.S.C. § 1915(e)(2)(B). See Martinez v. Kristi Kleaners, Inc., 364 F.3d

1305, 1306 (11th Cir. 2004). Under this statute, a court must dismiss a complaint if it: (i) is

“frivolous or malicious,” (ii) “fails to state a claim on which relief may be granted,” or

1 Order (Doc. 3) p. 1 (granting Winchester’s motion to proceed in forma pauperis).

(iii) “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C.

§ 1915(e)(2)(B). A court has broad discretion to manage its in forma pauperis cases and to

determine whether a complaint should be dismissed under § 1915(e)(2)(B). Phillips v.

Mashburn, 746 F.2d 782, 785 (11th Cir. 1984).

To survive § 1915 review, a complaint must meet the pleading standard set forth in

Federal Rule of Civil Procedure 8. See, e.g., Rodriguez v. Scott, 775 F. App’x 599, 602

(11th Cir. 2019); Thomas v. Pentagon Fed. Credit Union, 393 F. App’x 635, 639 (11th Cir.

2010). Under Rule 8, a complaint must contain “a short and plain statement of the claim

showing that the pleader is entitled” to the relief sought. FED. R. CIV. P. 8(a)(2). This

standard “does not require ‘detailed factual allegations,’ but it demands more than an

unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S.

662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

Conclusory assertions and formulaic recitations of the elements of a cause of action are

insufficient to meet this standard. Twombly, 550 U.S. at 555.

In determining whether a complaint should be dismissed under § 1915(e)(2)(B)(ii)

for failing to state a claim for which relief may be granted, a court employs the same

standard as dismissal under Federal Rule of Civil Procedure 12(b)(6). Mitchell v. Farcass,

112 F.3d 1483, 1490 (11th Cir. 1997). Under Rule 12(b)(6), a complaint is subject to

dismissal if it fails “to state a claim to relief that is plausible on its face.” Chaparro v.

Carnival Corp., 693 F.3d 1333, 1337 (11th Cir. 2012) (quoting Iqbal, 556 U.S. at 678).

This standard “calls for enough fact to raise a reasonable expectation that discovery will

reveal evidence” of a defendant’s liability.” Twombly, 550 U.S. at 556. A reviewing court

must accept all factual allegations in the complaint as true and construe them in the light

most favorable to the plaintiff. Dusek v. JPMorgan Chase & Co., 832 F.3d 1243, 1246

(11th Cir. 2016). A court gives legal conclusions—e.g., formulaic recitations of the

elements of a cause of action—no presumption of truth. Mamani v. Berzain, 654 F.3d 1148,

1153 (11th Cir. 2011).

Additionally, federal courts liberally construe pro se pleadings. Alba v. Montford,

517 F.3d 1249, 1252 (11th Cir. 2008). The general rule is that courts hold pro se pleadings

to a less stringent standard than pleadings drafted by lawyers. Haines v. Kerner, 404 U.S.

519, 520 (1972). This leniency, however, does not give a court “license to serve as de facto

counsel for a party, or to rewrite an otherwise deficient pleading in order to sustain an

action.” Williams, Scott & Assocs. v. United States, 838 F. App’x 501 (11th Cir. 2021) (per

curiam) (quoting Campbell v. Air Jam. Ltd., 760 F.3d 1165, 1168–69 (11th Cir. 2014)). A

court should dismiss a pro se complaint without providing leave to amend “where

amendment would be futile”2—i.e., where the complaint as amended would still be subject

to dismissal.3

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) the

defendant deprived him of a right secured under the United States Constitution or federal

law, and (2) such deprivation occurred under color of state law. West v. Atkins, 487 U.S.

42, 48 (1988). The Supreme Court has made clear that, when an inmate challenges “the

very fact or duration of his physical imprisonment, and the relief he seeks is a determination

2 Stringer v. Jackson, 392 F. App’x 759, 760 (11th Cir. 2010).

3 Smith v. Hildebrand, 244 F. App’x 288, 290 (11th Cir. 2007).

that he is entitled to immediate release or a speedier release from that imprisonment, his

sole federal remedy is a writ of habeas corpus” under 28 U.S.C. § 2254—no such claim is

cognizable under § 1983. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); see also Heck v.

Humphrey, 512 U.S. 477, 481 (1994).

In this case, Winchester’s complaint fails to state a plausible claim on which relief

could be granted under 42 U.S.C. § 1983. Winchester alleges that Defendants’ decision

denying him parole violated his constitutional rights; he requests that he be granted parole

and released from prison. Because Winchester challenges the fact or duration of his

confinement, and seeks immediate release or a speedier release, his sole federal remedy is

a writ of habeas corpus under 28 U.S.C. § 2254. His claim is not cognizable under § 1983.

Winchester’s complaint, therefore, fails to state a claim on which relief could be granted.

* * *

For these reasons, the undersigned Magistrate Judge RECOMMENDS that this case

be DISMISSED without prejudice. It is ORDERED that the parties shall file any objections

to this Recommendation on or before July 29, 2021. A party must specifically identify the

factual findings and legal conclusions in the Recommendation to which each objection is

made; frivolous, conclusive, or general objections will not be considered. Failure to file

written objections to the Magistrate Judge’s findings and recommendations in accordance

with the provisions of 28 U.S.C. § 636(b)(1) shall bar a party from a de novo determination

by the District Court of legal and factual issues covered in the Recommendation, and

waives the right of the party to challenge on appeal the District Court’s order based on

unobjected-to factual and legal conclusions accepted or adopted by the District Court

except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d

404 (5th Cir. 1982); 11TH CIR. R. 3-1; see also Stein v. Lanning Secs., Inc., 667 F.2d 33

(11th Cir. 1982); Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc).

DONE this 15th day of July, 2021.

Stephen M. Doyle

CHIEF U.S. MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.