Lucas v. State of Alabama Department of Public Health (JOINT ASSIGN)(MAG+)

Filing 7

ORDER that the 4 Recommendation of the Magistrate Judge is ADOPTED. It is further ORDERED as follows: 1. Plaintiff's ADA and FMLA claims (Counts Three, Four, and Five) are DISMISSED without prejudice due to Defendant's Eleventh Amendment immunity; 2. Plaintiffs § 1983 claims asserting discrimination and retaliation in violation of 42 U.S.C. § 1981 (included in Counts One and Two) are DISMISSED without prejudice due to Defendants Eleventh Amendment immunity; and 3. This case is REFERRED back to the Magistrate Judge for further proceedings on Plaintiffs Title VII claims. Signed by Chief Judge William Keith Watkins on 1/27/2016. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JAMES LUCAS,
Plaintiff,
v.
STATE OF ALABAMA
DEPARTMENT OF PUBLIC
HEALTH,
Defendant.

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CASE NO. 3:15-CV-941-WKW

ORDER
On January 7, 2016, the Magistrate Judge filed a Recommendation in this
case to which no timely objections have been filed.

(Doc. # 4.)

Upon an

independent review of the file in this case and upon consideration of the
Recommendation of the Magistrate Judge, it is ORDERED that the
Recommendation of the Magistrate Judge is ADOPTED. It is further ORDERED
as follows:
1.

Plaintiff’s ADA and FMLA claims (Counts Three, Four, and Five) are

DISMISSED without prejudice due to Defendant’s Eleventh Amendment
immunity;

2.

Plaintiff’s § 1983 claims asserting discrimination and retaliation in

violation of 42 U.S.C. § 1981 (included in Counts One and Two) are DISMISSED
without prejudice due to Defendant’s Eleventh Amendment immunity; and
3.

This case is REFERRED back to the Magistrate Judge for further

proceedings on Plaintiff’s Title VII claims.
DONE this 27th day of January, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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