Ross #204607 v. Duby et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 18 ; granting defendants' motion to dismiss 11 ; all of plaintiff's claims against the defendants in their officical capacities are dismissed with prejudice; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRADFORD ROSS,
Plaintiff,
Case No.: 1:10-cv-1083
v.
HONORABLE PAUL L. MALONEY

PAUL DUBY, et al.,
Defendants.
/
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Joseph G. Scoville in this action (ECF No. 18). The Report and Recommendation was duly
served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the
Court.
THEREFORE, IT IS ORDERED that the defendants’ motion to dismiss (ECF No. 11) is
GRANTED.
IT IS FURTHER ORDERED that all of plaintiff’s claims against the defendants in their
official capacities are DISMISSED with prejudice because they are barred by Eleventh
Amendment immunity.

Dated: December 5, 2011

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge