The 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).