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Nails v. Pennsylvania Dep't of Transportation

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 8, 2010

WALTER NAILS, PLAINTIFF
v.
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of April, 2010, upon consideration of the report of the magistrate judge (Doc. 15) recommending that defendant's motion (Doc. 8) to dismiss be granted because plaintiff has not opposed the motion, and plaintiff's § 1983 claim is barred by the Eleventh Amendment, and, following an independent review of the record, it appearing that sovereign immunity bars plaintiff's § 1983 claim against the Department of Transportation, see Lombardo v. Pennsylvania, 540 F.3d 190, 194-95 (3d Cir. 2008); see also Kimel v. Florida Bd. of Regents, 528 U.S. 62, 73 (2000), that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 15) of the magistrate judge is ADOPTED.

2. The motion (Doc. 8) to dismiss is GRANTED. Leave to amend is denied as futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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