Migliore v. Rhode Island Dept. of Environmental Management, 2000-SWD-1 (ALJ July 14, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 14 July 2004

Case No.: 2000-SWD-1

In the Matter of:

Beverly M. Migliore,
    Complainant

    v.

Rhode Island Department of
Environmental Management,
    Respondent

   On June 22, 2004, I issued an Order to Show Cause providing the Complainant with the opportunity to argue why this matter should not be dismissed pursuant to the decision of the First Circuit Court of Appeals in Rhode Island Department of Environmental Management v. United States, 304 F.3d 31 (1st Cir. 2002). The Complainant did not file a response within the time provided.

   The Secretary has advised that she does not intend to intervene in this matter. Accordingly, pursuant to the decision of the Court in Rhode Island Department of Environmental Management v. United States, supra, adjudication of this claim is barred by the Eleventh Amendment. Therefore, I recommend that an Order be entered dismissing the Complainant's claim.

       LINDA S. CHAPMAN

       Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8.