Rogers v. Ward et al (INMATE 2), No. 2:2023cv00356 - Document 11 (M.D. Ala. 2023)

Court Description: MEMORANDUM OPINION and ORDER: it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (doc. 9 ) is ADOPTED; 2. The Plaintiff's 42 U.S.C. 1983 due process and equal protection claims are DISMISSED with prejudice pursuant to 2 8 U.S.C. 1915(e)(2)(B)(ii); 3. The Plaintiff's claim challenging the constitutionality of his parole revocation is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e) (2)(B)(ii); and 4. This case is DISMISSED prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). A separate Final Judgment will be entered. Signed by Chief Judge Emily C. Marks on 11/3/2023. (cwl, )

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Rogers v. Ward et al (INMATE 2) Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROBERT ROGERS, AIS 173329, Plaintiff, v. CAM WARD – DIRECTOR BUREAU OF PARDONS AND PAROLES, et al., Defendants. ) ) ) ) ) CIVIL CASE NO. 2:23-cv-356-ECM ) ) ) ) ) MEMORANDUM OPINION and ORDER On September 18, 2023, the Magistrate Judge entered a Recommendation (doc. 9) 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 (doc. 9) is ADOPTED; 2. The Plaintiff’s 42 U.S.C. § 1983 due process and equal protection claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 3. The Plaintiff’s claim challenging the constitutionality of his parole revocation is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and 4. This case is DISMISSED prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). A separate Final Judgment will be entered. Dockets.Justia.com DONE this 3rd day of November, 2023. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE

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