Mena Dous v. Michael Carroll, Secretary of Transportation of the Pennsylvania Department of Transportation, et al.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

MENA DOUS,

Plaintiff, CIVIL ACTION NO. 1:25-cv-01329

v. (SAPORITO, J.)

MICHAEL CARROLL, Secretary of Transportation of the Pennsylvania Department of Transportation, et al.,

Defendants.

ORDER Now before the court is a report and recommendation by United States Magistrate Judge Phillip J. Caraballo, in which he recommends that the plaintiff’s pro se motion for a preliminary injunction be denied without prejudice and his pro se complaint be dismissed for lack of subject matter jurisdiction, but with leave to file an amended complaint.1

1 The report did not expressly state as much, but because the Eleventh Amendment is “a jurisdictional bar which deprives the federal courts of subject matter jurisdiction,” dismissal premised on Eleventh Amendment immunity is evaluated under Rule 12(b)(1) of the Federal Rules of Civil Procedure, and it follows, of course, that the exception to Eleventh Amendment immunity for certain injunctive relief set forth in , 209 U.S. 123 (1908), is evaluated under that rule as well. , 77 F.3d 690, 694 n.2 (3d Cir. Doc. 7.

The plaintiff has filed objections to Judge Caraballo’s report and recommendation. Doc. 10. We have conducted a de novo review of the contested portions of the report, but we find the plaintiff’s objections to

be unpersuasive and without merit. 28 U.S.C. § 636(b)(1); , 607 F. Supp. 3d 522, 529 (M.D. Pa. 2022). Following an independent review of the report and the record, and

having afforded “reasoned consideration” to uncontested portions of the report, , 866 F.3d 93, 99 (3d Cir. 2017), we are satisfied “that there is no clear error on the face of the record,” Fed.

R. Civ. P. 72(b) advisory committee note to 1983 amendment. We find Judge Caraballo’s analysis to be well-reasoned and fully supported by the record and applicable law, and we find the plaintiff’s specific objections

to be without merit. Accordingly, the court will adopt the report and recommendation in its entirety as the decision of the court.

1996). We further note that, although it is not required to do so, a court may properly raise an Eleventh Amendment issue sua sponte. , 346 F.3d 402, 417 (3d Cir. 2003); , 348 F. Supp. 3d 410, 413 (E.D. Pa. 2018). Accordingly, IT IS HEREBY ORDERED THAT:

1. The report and recommendation of Judge Caraballo (Doc. 7) is ADOPTED; 2. The plaintiff’s pro se motion for a preliminary injunction (Doc.

3) is DENIED without prejudice; 3. The plaintiff’s pro se complaint (Doc. 1) is DISMISSED for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1);

4. The plaintiff is GRANTED leave to file an amended complaint within thirty (30) days after entry of this order; and 5. In the absence of a timely filed amended complaint, the clerk

shall mark this case as CLOSED.

Dated: March 27, 2026 JOSEPH F. SAPORITO, JR. United States District Judge