Summary
distinguishing official-capacity presumption in claims against a state and claims against a federal official under Bivens
Summary of this case from Carlson v. U.S. Dep't of Educ.Opinion
Civil No. 06-4720 (PJS/JJG).
February 27, 2008
ORDER
This matter is before the undersigned upon the report and recommendation of the United States Magistrate Judge. No objections have been filed to that report and recommendation in the time period permitted. Based on the report and recommendation of the Magistrate Judge, and being advised of all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. The defendants' motion to dismiss, or in the alternative, for summary judgment (Doc. No. 12) is GRANTED.
2. All claims in this matter are DISMISSED WITH PREJUDICE.