UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00192 Cathy Haynes, Plaintiff, V. Turner Bass & Associates et al., Defendants.

ORDER This case is referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

(b). Doc. 10. Defendants City of Tyler, Smith County and State of Texas each filed a motion to dis- miss. Docs. 40, 41, and 47. The magistrate judge issued reports on December 15, 2022, recommending that the motions be granted. Docs. 50, 51. Plaintiff filed a combined objection to both reports. Doc. 52. The court reviews objected-to portions of a magistrate judge’s report and recommendation de novo. See Fed. R. Civ. P. 72(b)(3);

(b)(1). The objections reassert plaintiff’s claim that the city and county have a general duty to enforce state and local property laws. The complaint arises out of a rental dispute between plaintiff and a stor- age facility. Plaintiff seeks relief pursuant to

but does not identify any action by a state actor or official municipal pol- icy depriving her of a constitutional right. Plaintiff has not stated a viable claim against the city or the county. The objections also assert a conclusory allegation that the state waived its Eleventh Amendment immunity. Plaintiff does not iden- tify an express waiver. She seeks relief pursuant to § 1983, which does not abrogate Eleventh Amendment immunity. Quern v. Jordan,

(1979). Without a waiver of immunity, the court lacks jurisdiction over the claims against the state.

Having reviewed the magistrate judge’s reports de novo, and be- ing satisfied that they contain no error, the court overrules plaintiff’s objections and accepts their findings and recommendations. The court grants the motions to dismiss. The court dismisses the claims against State of Texas without prejudice for lack of subject-matter jurisdiction and dismisses the claims against City of Tyler and Smith County with prejudice for failure to state a claim. So ordered by the court on January 10, 2023. flab BARKER United States District Judge

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