Lee v. Chapman

Full title: TASHA MONIQUE LEE, Plaintiff v. WARDEN TOM CHAPMAN, et al., Defendants

Court: United States District Court, M.D. Georgia, Macon Division

Date published: May 29, 2007

5:07-CV-116 (WDO) (M.D. Ga. May. 29, 2007)

Opinion

5:07-CV-116 (WDO).

May 29, 2007

ORDER

WILBUR OWENS JR., District Judge

This matter is before the Court on the Magistrate Judge's Report and Recommendation to dismiss Plaintiff's claims against the Georgia Department of Corrections and the Georgia State Board of Pardons and Paroles as barred by the Eleventh Amendment and because those entities are not proper parties pursuant to 42 U.S.C. § 1983. Having carefully considered the Recommendation, and Plaintiff's objections thereto, the Recommendation is ADOPTED and made the order of the Court. See Johnson v. Georgia, 2007 WL 601619, *3 (M.D. Ga. Feb. 16, 2007) (plaintiff may not bring § 1983 action for monetary damages against the State, the GDOC or state officials in their official capacities) (citing Will v. Mich. Dep't of State Police, 491 U.S. 58, 71, 109 S. Ct. 2304, 2312 (1989); Edwards v. Wallace Community College, 49 F.3d 1517, 1524 (11^th Cir. 1995)); Worley v. Georgia Bd. of Pardons and Paroles, 932 F. Supp. 1466 n. 6 (N.D. Ga. 1996) (Board of Pardons and Paroles not a "person" subject to suit under § 1983).

Defendants Georgia Department of Corrections and the Georgia State Board of Pardons and Paroles are HEREBY DISMISSED and the case shall proceed as set forth in the Recommendation.

SO ORDERED.