Opinion
Case No.: 1:06-cv-3
03-20-2012
SAMUEL WEBB, Plaintiff, v. PATRICIA CARUSO, et al., Defendants.
HONORABLE PAUL L. MALONEY
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ellen S. Carmody in this action (ECF No. 34). The Report and Recommendation was duly served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court.
THEREFORE, IT IS ORDERED that defendant Monica Stafford's motion for summary judgment (ECF No. 31) is GRANTED IN PART AND DENIED IN PART as detailed herein. Specifically, (1) Defendant's motion to dismiss Plaintiff's claims for failure to exhaust administrative remedies is DENIED; (2) Defendant's motion for qualified immunity is DENIED; (3) Defendant's motion for Eleventh Amendment immunity is GRANTED as to Plaintiff's claims for monetary relief and DENIED as to Plaintiff's claims for injunctive relief.
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Paul L. Maloney
Chief United States District Judge