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SIMON v. TRIERWEILER, 1:12-CV-1184. (2014)

Court: District Court, W.D. Michigan Number: infdco20140318a48 Visitors: 10
Filed: Mar. 17, 2014
Latest Update: Mar. 17, 2014
Summary: ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. On February 24, 2014, Magistrate Judge Joseph G. Scoville issued a Report and Recommendation ("R&R") recommending that Plaintiff's claims for damages against Defendants in their official capacities be dismissed with prejudice because they are barred by Eleventh Amendment immunity; that Plaintiff's claims against Defendants Trierweiler and Warr be dismissed pursuant to 28 U.S.C. 191
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ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ROBERT HOLMES BELL, District Judge.

On February 24, 2014, Magistrate Judge Joseph G. Scoville issued a Report and Recommendation ("R&R") recommending that Plaintiff's claims for damages against Defendants in their official capacities be dismissed with prejudice because they are barred by Eleventh Amendment immunity; that Plaintiff's claims against Defendants Trierweiler and Warr be dismissed pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B) for failure to state a claim on which relief can be granted; that Defendants' motions for summary judgment (Dkt. Nos. 15, 26) be granted; and that all of Plaintiff's claims for injunctive relief be dismissed pursuant to 42 U.S.C. § 1997e(a). (Dkt. No. 28, R&R.) The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so has expired. The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly,

IT IS HEREBY ORDERED that the February 24, 2014 R&R (Dkt. No. 28) is APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that Plaintiff's claims for damages against Defendants in their official capacities is DISMISSED WITH PREJUDICE because they are barred by Eleventh Amendment immunity.

IT IS FURTHER ORDERED that Plaintiff's claims against Defendants Trierweiler and Warr are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim on which relief can be granted.

IT IS FURTHER ORDERED that Defendants' motions for summary judgment (Dkt. Nos. 15, 26) are GRANTED.

IT IS FURTHER ORDERED that all of Plaintiff's claims for injunctive relief against Defendants are DISMISSED pursuant to 42 U.S.C. § 1997e(a).

Source:  Leagle

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