Johnson v. Salt Lake Community College et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 12 Motion to Dismiss ; denying 15 Motion to Amend/Correct; denying 15 Motion to Dismiss ; granting 20 Motion to Strike ; denying 22 Motion to Amend/Correct; denying 23 Motion to Amend/Correct. Signed by Judge Dee Benson on 7/16/2011. (rlr)

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

AARON JOHNSON,
Plaintiff,

ORDER ADOPTING REPORT &
RECOMMENDATION

vs.

Case No. 2:11-CV-231
Judge Dee Benson

SALT LAKE COMMUNITY COLLEGE,
KAREN GUNN, CHRIS PICKARD,
CYNTHIA BIOTEAU, UTAH ATTORNEY
GENERAL’S OFFICE, CONSTANCE
HUGHES, KEVIN OLSEN, and DAVID
JONES,
Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Brooke Wells on June 2, 2011, recommending that this court: (1) grant Defendants’
Motion To Strike; (2) grant Defendant Salt Lake Community College and Defendant Utah
Attorney General’s Office’s Motion To Dismiss; (2) deny Plaintiff’s Motion To Disqualify
Counsel; (4) deny Plaintiff’s Motion To Amend Original Response; and (5) deny Plaintiff’s
Motion To Amend the Amended Complaint.
The parties were notified of their right to file objections to the Report and

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Recommendation within fourteen (14) days after receiving it. On June 15, 2011, the Plaintiff
filed his “Objection to Magistrate’s Report and Recommendations.” (Dkt. No. 37.) On June 22,
2011, Defendants Salt Lake Community College and Utah Attorney General’s Office filed their
“Response to Plaintiff’s Objection to Magistrate’s Report and Recommendation.” (Dkt. No. 38.)
Having reviewed all relevant materials, including Plaintiff’s pro se objection, defendants’
response, the record that was before the magistrate judge, and the reasoning set forth in the
magistrate judge’s Report and Recommendation, the court agrees with the analysis and
conclusion of the magistrate judge. Moreover, as defendants point out in their Response, the
issues raised in Plaintiff’s Objection were not raised before the Magistrate and, in any event, do
not overcome the fact that the claims Plaintiff attempts to assert against the Salt Lake
Community College and the Utah Attorney General’s Office are barred by the Eleventh
Amendment.
Accordingly, the court ADOPTS the Report and Recommendation and issues the
following Order. Defendants’ Motion to Strike is GRANTED. Defendant Salt Lake Community
College and Defendant Utah Attorney General’s Office’s Motion to Dismiss is GRANTED.
Plaintiff’s Motion to Disqualify Counsel is DENIED. Plaintiff’s Motion to Amend Original
Response is DENIED. Plaintiff’s Motion to Amend the Amended Complaint is DENIED.
DATED this 16th day of July, 2011.

_________________________________
Dee Benson
United States District Judge

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