Hill v. Jones et al (INMATE 2)

Filing 11

ORDER: On August 12, 2020, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. 10 .) Upon an independent review of the record, it is ORDERED as follows: (1) Plaintiff's claims against the Alabama Board of Pardons and Paroles is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) & (iii) as this Defendant is absolutely immune from suit; (2) Plaintiff's due process claim challenging the fundamental legality of his incarceration as a parole violator is DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claim currently provides no basis for relief; (3) Plaintiff's supplemental state law claim is DISMISSED without prejudice to any right he may have to pres ent this claim in state court as this court deems it inappropriate to exercise supplemental jurisdiction over this claim; and (4) This case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i-iii). Final judgment will be entered separately. Signed by Honorable Judge William Keith Watkins on 9/11/2020. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CHARLES HILL,

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Plaintiff,
v.
TRACY JONES, et al.,
Defendants.

CASE NO. 2:20-CV-459-WKW
[WO]

ORDER
On August 12, 2020, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 10.) Upon an independent review of
the record, it is ORDERED as follows:
(1) Plaintiff’s claims against the Alabama Board of Pardons and Paroles
is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) & (iii) as
this Defendant is absolutely immune from suit;
(2) Plaintiff’s due process claim challenging the fundamental legality of
his incarceration as a parole violator is DISMISSED without prejudice under
28 U.S.C. § 1915(e)(2)(B)(ii) as such claim currently provides no basis for
relief;

(3) Plaintiff’s supplemental state law claim is DISMISSED without prejudice
to any right he may have to present this claim in state court as this court deems
it inappropriate to exercise supplemental jurisdiction over this claim; and
(4) This case is DISMISSED prior to service of process under 28 U.S.C. §
1915(e)(2)(B)(i-iii).
Final judgment will be entered separately.
DONE this 11th day of September, 2020.

/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

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