Taylor v. Young et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 26 Motion to Dismiss filed by University of Utah Office of Student Disability, Joe Pete Wilson, 34 Report and Recommendations. Plaintiff's Amended Complaint is DISMISSED, Case Closed. Signed by Judge Dee Benson on 9/29/2008. (rlr)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

JACKIE TAYLOR, Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION

vs.

MICHAEL YOUNG, University of Utah President; UNIVERSITY OF UTAH OFFICE OF STUDENT DISABILITY; JOE PETE WILSON; SYDNEY DAVIS; DIVISION OF VOCATIONAL REHABILITATION; STACIE CUMMINGS; and DON UCHIDA, Defendants.

Case No. 2:08-CV-177 DB

Before the Court is the Report and Recommendation issued by United States Magistrate Judge David Nuffer on September 10, 2008, recommending that Plaintiff's Amended Complaint be dismissed because the State of Utah is immune from suit on the allegations raised in this case under the ADA, and because individual defendants cannot be held liable for the alleged violations of the ADA. The parties were notified of their right to file objections to the Report and Recommendation within ten (10) days after receiving it. Neither party has filed such an objection.

Having reviewed all relevant materials, including the reasoning set forth in the Magistrate Judge's Report and Recommendation, the Court ADOPTS the Report and Recommendation and DISMISSES Plaintiff's Amended Complaint. IT IS SO ORDERED. Dated this 29th day of September, 2008.

___________________________________ Dee Benson United States District Judge