Opinion
No. 00-1042-WEB
March 9, 2000
Memorandum and Order
This matter is before the court on the Magistrate Judge's Report and Recommendation (Doc. 8). Plaintiff filed a document on March 7, 2000, which the court will construe as an objection to the Report and Recommendation. (Doc. 9). Although the plaintiff's factual allegations are not entirely clear, the court gathers that she claims an interest in a parcel of real property that was condemned by the State of Kansas and that is now the site of a KGE substation. In her objection, plaintiff states that "The State of Kansas definitely owes me $600,000.00 per year for said property on St. Paul." She also indicates that she is the ex-wife of the original owner of the property, and that, as he is terminally ill, "I have appointed myself as executor for my best interest."
The Magistrate Judge recommends that the action be dismissed pursuant to 28 U.S.C. § 1915 (e)(2). The Magistrate noted in her report that under the Eleventh Amendment, the State of Kansas is immune from suit in federal court on plaintiff's claim for monetary damages. The Magistrate further indicated that because the complaint failed to allege any facts that show a legal obligation on the part of the State of Kansas or KGE to pay plaintiff money, the action should be dismissed for failure to state a claim upon which relief may be granted.
The court has reviewed the Report and Recommendation, as well as the materials filed by plaintiff, and concludes that the action must be dismissed for the reasons stated by the Magistrate Judge.
Conclusion.
The action is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 1915 (e)(2). The clerk is directed to enter judgment of dismissal in favor of the defendants and against the plaintiff. IT IS SO ORDERED this 9th day of March, 2000, at Wichita, Ks.