Yancey v. Davis, Jr. et al

Filing 6

ORDER adopting in part 5 Report and Recommendations.Ordered by Judge Clay D. Land on 8/3/2011 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
PAUL JODY YANCY,

*

Plaintiff
vs.

*
*
CASE NO. 4:11-CV-34 (CDL)

ERROLL B. DAVIS, JR., et al.,
Defendants

*

ORDER ON REPORT AND RECOMMENDATION
This matter is before the Court pursuant to a Report and
Recommendation of the United States Magistrate Judge entered on
May 2, 2011 after the Magistrate conducted a preliminary review of
the Complaint pursuant to 28 U.S.C. 1915(e)(2).

The Court adopts

the Recommendation in part as follows:
1)

The claims against the individual defendants in their
official capacities are redundant and shall be deemed to be
claims against their employer, the Board of Regents of the
University System of Georgia.

2)

Construing the pro se complaint liberally, the Court
finds at this stage that Plaintiff’s Title II claim against
the Board of Regents shall proceed.

3)

The claims against the individual defendants in their
individual capacities pursuant to Title II of the ADA are
dismissed because they fail to state a claim.

4)

Construing Plaintiff’s pro se complaint liberally, the
Court finds at this stage that Plaintiff’s claims under
Section 504 of the Rehabilitation Act against the Board of
Regents shall proceed. The claims against the individual
Defendants pursuant to Section 504 of the Rehabilitation
Act are dismissed for failure to state a claim.

5)

Construing Plaintiff’s pro se complaint liberally at this
stage,

the

Court

finds

that

Plaintiff’s

claims

for

retaliation under 42 U.S.C. 12203 against the Board of
Regents shall proceed.
6)

Construing Plaintiff’s pro se complaint liberally at this
stage, the Court finds that Plaintiff’s retaliation claims
against Defendants Sheri Noviello, Elizabeth Frander, and
Stephanie Lewis in their individual capacities state a
claim, and therefore, those claims shall proceed.

In summary, the following claims remain pending:
a)

Plaintiff’s claims against the Board of Regents of
the University System of Georgia; and

b)

Plaintiff’s

retaliation

claims

against

Sheri

Noviello, Elizabeth Frander, and Stephanie Lewis in
their individual capacities.
The Marshal is directed to serve Plaintiff’s complaint upon the
Board of Regents of the University System of Georgia, Sheri
Novielo, Elizabeth Frander, and Stephanie Lewis.

IT IS SO ORDERED, this 3rd day of August, 2011.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE