DAVIS v. DENNISON

DAVID HURD, District Judge

Plaintiff, Robert Davis, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated March 9, 2006, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the motion to dismiss be granted and the entire action be dismissed due to defendant's absolute immunity; or, in the alternative, that the motion to dismiss be granted and the entire action be dismissed on the merits. The plaintiff has filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted with regard to the I. Facts; II. (A) Motion to Dismiss; II. B. Eleventh Amendment; and II. (C.) Absolute Immunity. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The defendant's motion to dismiss is GRANTED due to defendant's absolute immunity; and

2. The action is DISMISSED pursuant to 28 U.S.C. § 1915 (e)(2)(B)(iii). The Clerk is directed to file judgment accordingly.

IT IS SO ORDERED.