Bailey v. The Georgia Department of Labor

Filing 21

ORDER adopting 17 Final Report and Recommendation and granting 9 Motion to Dismiss. This action is DISMISSED. Signed by Judge Thomas W. Thrash, Jr. on 3/24/2016. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
APRIL BAILEY,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:15-CV-106-TWT

THE GEORGIA DEPARTMENT OF
LABOR,
Defendant.

ORDER

This is a pro se employment discrimination action. It is before the Court on the
Report and Recommendation [Doc. 17] of the Magistrate Judge recommending that
the Plaintiff’s action be dismissed for failure to state a claim for relief. For the reasons
set forth in the Report and Recommendation, the Plaintiff’s Section 1981 claim
against the Georgia Department of Labor is barred by sovereign immunity. The
Plaintiff’s response was that individuals in the Department were named in the
Complaint. This is of no consequence whatsoever. The only named Defendant is the
Georgia Department of Labor.

The Court approves and adopts the Report and

Recommendation as the judgment of the Court. This action is DISMISSED.

T:\ORDERS\15\Bailey\r&r2.wpd

SO ORDERED, this 24 day of March, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\15\Bailey\r&r2.wpd

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