Summary
discussing that Wilkinson held that an inmate may initiate a § 1983 action to seek invalidation of "state procedures used to deny parole eligibility and parole suitability," but he may not seek the relief of immediate or early release, which is available only through a writ of habeas corpus
Summary of this case from Poindexter v. W.Va. Reg'l Jail Auth./DOCOpinion
CIVIL ACTION NO: 2:08-cv-326.
December 17, 2008
MEMORANDUM OPINION AND ORDER
This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation ("PF R") pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the PF R entered by the magistrate judge on November 7, 2008. The magistrate judge recommends, in part, that the court order that:
1. The motion to dismiss filed by the Honorable Louis H. Bloom be denied as moot; and
2. The renewed motion to dismiss filed by the Honorable Louis H. Bloom be granted on the basis of absolute judicial immunity inasmuch as all of the plaintiff's allegations against Judge Bloom arise out of the exercise of his duties and authority as the judge of the Circuit Court of Kanawha County who presided over the plaintiff's criminal case.
On November 19, 2008, the plaintiff objected, and Judge Bloom responded to the plaintiff's objections on December 2, 2008. The arguments made by the plaintiff in his objections are the same as those presented to the magistrate judge upon consideration of the motions to dismiss and were aptly addressed by the magistrate judge in her PF R. Consequently, Judge Bloom should be dismissed from this action on the basis of absolute judicial immunity.
Accordingly, the court adopts the magistrate judge's recommended disposition of this case with respect to Judge Bloom, and it is ORDERED that:
1. The portion of the PF R concerning Judge Bloom's motions to dismiss be, and it hereby is, adopted by the court;
2. The motion to dismiss filed by Judge Bloom be, and it hereby is, denied as moot;
3. The renewed motion to dismiss filed by Judge Bloom be, and it hereby is, granted;
4. All claims against Judge Bloom be, and they hereby are, dismissed.
The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge.