Summary
allowing claims against defendants in their official capacities under the Rehabilitation Act to proceed
Summary of this case from Spencer v. CourtierOpinion
Civil Action No. 07-40J.
January 4, 2008
ORDER
AND NOW, this 4th day of January, 2008, after the Plaintiff, Charles Scott Thomas, filed an action in the above-captioned case, and after the Commonwealth Defendants filed a Motion to Dismiss, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the record and the motion, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Commonwealth Defendants' Motion to Dismiss [15] is denied.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.