Dixon v. Alabama Board of Pardon and Paroles et al (INMATE 2), No. 2:2022cv00179 - Document 5 (M.D. Ala. 2022)

Court Description: MEMORANDUM OPINION and ORDER: On 5/11/2022, the Magistrate Judge entered a Recommendation (doc. 4 ) to which no timely objections have been filed. Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. The Plaintiff's claims against Defendant Alabama Board of Pardons and Paroles are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (iii) as this Defendan t is absolutely immune from suit. 3. The Plaintiff's due process claims challenging the fundamental legality of his incarceration as a parole violator are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims currently pro vide no basis for relief. 4. The Plaintiff's pendent state law claims are DISMISSED without prejudice as the Court declines to exercise supplemental jurisdiction over the claims. 5. This case is DISMISSED prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(i-iii). A separate Final Judgment will be entered. Signed by Chief Judge Emily C. Marks on 6/14/2022. (dmn, )