Opinion
2:22-cv-00851-JNW-TLF
04-15-2024
LUIS ALFONSO LEON, Plaintiff, v. ELLEDGE, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Jamal N. Whitehead United States District Judge
The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
1) The Report and Recommendation is adopted and approved.
2) Defendant Federal Bureau of Prisons' (BOP's) motion to dismiss (Dkt. 45) is GRANTED. Plaintiff's claims for damages against defendant BOP are dismissed as barred by sovereign immunity. Plaintiff's claims for injunctive relief against defendant BOP are dismissed without prejudice as moot. As no claims remain against BOP, it is terminated as a defendant in the action.
3) The Clerk is directed to provide a copy of this order to the parties and to the Hon. Theresa L. Fricke.