Opinion
Case No. 08-11333.
March 25, 2009
ORDER ADOPTING THE REPORT AND RECOMMENDATION [25], AND GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT [27]
Before the Court is the Magistrate Judge's Report and Recommendation [27] filed January 30, 2009, on Defendants' Motion to Dismiss [18]. The Report and Recommendation recommended that, because Plaintiff had named Defendants only in their official capacities, the suit should be dismissed on the basis of Eleventh Amendment immunity.
On February 12, 2009, Plaintiff filed a Motion to Amend the Complaint [27], seeking to name Defendants in their both their official and their personal capacities. Defendants filed a Response [28].
The Court has reviewed the relevant pleadings, and being fully advised in the premises,
IT IS HEREBY ORDERED that the Report and Recommendation [25] is ADOPTED, and insofar as Defendants have been named in their official capacities, they are dismissed from the action. IT IS FURTHER ORDERED that Plaintiff's Motion to Amend [27] is GRANTED IN PART, and the Complaint is amended so as to name Defendants in their individual capacities, only.
The action shall remain open, and the Court hereby REMANDS the case to the Magistrate Judge for further proceedings.