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Kay v. Whitaker

United States District Court, D. Utah, Central Division
Oct 16, 2007
Case No. 2:07 CV 35 TC (D. Utah Oct. 16, 2007)

Opinion

Case No. 2:07 CV 35 TC.

October 16, 2007


ORDER ADOPTING REPORT RECOMMENDATION


Plaintiff Karl Dee Kay, an inmate at the Utah State Prison, filed a pro se civil complaint against Defendant Mike Whitaker, et al., for employment discrimination under the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Specifically, Mr. Kay alleged that the Defendants violated his civil rights and committed employment discrimination by terminating him from his job because of his prior conviction as a sex offender. Defendant Mike Whitaker, through counsel, filed a Motion to Dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6).

The case was referred to Magistrate Judge David Nuffer pursuant to 28 U.S.C. § 636(b)(1)(B). On September 23, 2007, Judge Nuffer issued a Report and Recommendation (the "R R") that recommended granting the Defendants' Motion to Dismiss because Mr. Kay's prior conviction as a sex offender did not place him into a protected class, and he is therefore not eligible to make an unlawful discharge claim under42 U.S.C. § 2000e-2(a)(1).

The parties were given ten days to file objections to the R R and were cautioned that failure to file objections could constitute a waiver of those objections on subsequent appellate review. There were no objections to the R R.

The court has conducted a de novo review of the issues and agrees with Judge Nuffer's recommendation. Accordingly, the Report and Recommendation is adopted as the order of this court. Defendants' Motion to Dismiss is granted and Plaintiff's case is dismissed without prejudice


Summaries of

Kay v. Whitaker

United States District Court, D. Utah, Central Division
Oct 16, 2007
Case No. 2:07 CV 35 TC (D. Utah Oct. 16, 2007)
Case details for

Kay v. Whitaker

Case Details

Full title:KARL DEE KAY, Plaintiff, v. MIKE WHITAKER, et al., Defendants

Court:United States District Court, D. Utah, Central Division

Date published: Oct 16, 2007

Citations

Case No. 2:07 CV 35 TC (D. Utah Oct. 16, 2007)