Opinion
Civil Action 5:22-CV-8 (MTT)
08-10-2023
MICHAEL A COX, Plaintiff, v. Commissioner TIMOTHY WARD, et. al., Defendants.
ORDER
MARC T. TREADWELL, CHIEF JUDGE
United States Magistrate Judge Charles H. Weigle recommends granting the defendants' motion to dismiss (Doc. 31). Doc. 38. Plaintiff Michael Cox did not respond to the defendants' motion. Id. at 2. The Magistrate Judge concluded dismissal was appropriate because the defendants are entitled to qualified immunity and Cox's claims for monetary damages are barred by the Eleventh Amendment. Id. at 1. Cox does not object to the Recommendation. Pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the Recommendation for clear error.The Court finds none. Therefore, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 38) is ADOPTED and made the Order of the Court. Accordingly, the defendants' motion to dismiss (Doc. 31) is GRANTED.
The day after the defendants moved to dismiss the Court sent Cox a Griffith notice advising him of the significance of the defendants' motion. Doc. 33. Cox then moved for an extension of time to respond, which the Court granted. Docs. 36; 37. Despite the extension of time, Cox did not file a response.
However, even if reviewed de novo, the result would be the same.
SO ORDERED.