Opinion
NO. CIV-11-0084-HE
07-25-2012
THOMAS BON STOUT, Plaintiff, v. OKLAHOMA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
Plaintiff Thomas Bon Stout, a state prisoner appearing pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. Consistent with 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Roberts, who has recommended that a motion to dismiss filed by the Department of Corrections ("DOC") be granted. Plaintiff has objected to the Report and Recommendation.
The magistrate judge concluded that plaintiff's claims against the DOC are barred by the Eleventh Amendment. Plaintiff does not address the immunity issue in his objection, arguing instead that a material fact dispute exists as to his claims.
The court concurs with the magistrate judge's analysis and adopts her Report and Recommendation. Accordingly, the DOC's motion to dismiss [Doc. #29] is GRANTED and the plaintiff's claims against the DOC, which are barred by the Eleventh Amendment, are dismissed.
IT IS SO ORDERED.
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JOE HEATON
UNITED STATES DISTRICT JUDGE