Opinion
Civil Action 20-00811-BAJ-RLB
01-21-2022
GREGORY SAVAGE v. JAMES LEBLANC, ET AL.
RULING AND ORDER
BRIAN A. JACKSON JUDGE
Before the Court is Defendant Nicole Robinson's Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Doc. 19). The Motion is opposed (Doc. 27). The Magistrate Judge has issued a Report and Recommendation (Doc. 38), suggesting that the Court grant Defendant's Motion to Dismiss and dismiss Plaintiff's claims against Defendant with prejudice. (Id. at p. 10). (Id.). There are no objections to the Report and Recommendation. It is also recommended that the matter be referred back to the Magistrate Judge for further proceedings.
The Magistrate Judge properly determined that Plaintiff's official capacity claims against Defendant are barred under the Eleventh Amendment, that proper application of the Younger doctrine requires the Court to abstain from hearing Plaintiff's claims against Defendant, and that, based on the face of Plaintiff's complaint, the claims against Defendant are time barred. See Doc. 38.
Having carefully considered the underlying Complaint, the Motion at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that Defendant Nicole Robinson's Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Doc. 19) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Nicole Robinson be and are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge for further proceedings.