United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-3120 ___________ Willis L. Waddell, * * Plaintiff - Appellant, * Appeal from the United States * District Court for the v. * District of Minnesota. * University of Minnesota, * [UNPUBLISHED] * Defendant - Appellee. * ___________ Submitted: June 16, 2000 Filed: July 19, 2000 ___________ Before LOKEN, ROSS, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Willis L. Waddell commenced this damage action after the University of Minnesota terminated him as a Building and Grounds worker in the Facilities Management Department. The district court1 granted the University’s motion for summary judgment. Waddell appeals, arguing that genuine issues of material fact

The HONORABLE JAMES M. ROSENBLUM, United States District Judge for the District of Minnesota. preclude summary judgment on his claim under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq.

Subsequent to the district court’s ruling in this case, this court held that ADA suits against States and their instrumentalities, such as the University of Minnesota, are barred by Eleventh Amendment immunity. Alsbrook v. City of Maumelle, 184 F.3d 999 (8th Cir. 1999) (en banc), cert. dismissed, 120 S. Ct. 1265 (2000). Accordingly, the district court properly dismissed the only claim that is at issue on appeal. The judgment of the district court is affirmed. The University’s motion to dismiss the appeal is denied as moot. Waddell’s motions to supplement the record on appeal and for an extension of time are denied.

A true copy.

Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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