The opinion
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
ALBERT DEMETRIUS YOUNG, )
)
Plaintiff, )
)
v. ) Case No. 1:19-cv-02090-KOB-SGC
)
RASHAUN ROBINSON, et al., )
)
Defendants. )
ORDER
Albert Demetrius Young commenced this action under 42 U.S.C. § 1983 and
Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), alleging violations of
his rights under the Constitution or laws of the United States. (Doc. 1). The
magistrate judge entered a report on October 14, 2022, recommending dismissal
without prejudice of Greg Reid and Richard Keith as defendants because the plaintiff
failed to allege any facts associating Reid or Keith with a violation of his rights.
(Doc. 38). The magistrate judge also recommended the parole revocation claim
asserted by the plaintiff against the “Directive Board Member” of the State of
Alabama Board of Pardons and Paroles, Dwayne Spurlock, Cliff Walker, Leigh
Gwathney, Terry Cauthen, and Brian Robinson be dismissed without prejudice
under 28 U.S.C. § 1915A(b) for failing to state a claim on which relief can be
granted. (Doc. 38). Finally, the magistrate judge recommended the illegal arrest
claim asserted by the plaintiff against Rashaun Robinson, Gabriel Brooks, Alecia
Jones, Sarafino Lovetto, Scott Prater, and “Lieutenant Hanks” be dismissed without
prejudice under 28 U.S.C. § 1915A(b) for failing to state a claim on which relief can
be granted but that the plaintiff’s unlawful search claim against these defendants
proceed. (Doc. 38). The magistrate judge advised the plaintiff of his right to file
specific written objections within 14 days and granted the plaintiff an extension of
time to file objections. Nonetheless, the court has not received any objections.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report and ACCEPTS the recommendation.
Consistent with that recommendation, the court ORDERS that defendants Reid and
Keith, together with the plaintiff’s parole revocation and illegal arrest claims, are
DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The
court further ORDERS that the plaintiff’s unlawful search claim is referred to the
magistrate judge for further proceedings.
DONE and ORDERED this 5th day of December, 2022.
____________________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE