EVANS v. ECHEVERRI

Filing 10

REPORT AND RECOMMENDATION: (1.) That Plaintiff's claims for equitable relief against Defendant be DISMISSED with prejudice on Younger abstention grounds. (2.) That Plaintiff's claims for monetary relief against Defendant in her official capacity as Executive Director of the Florida Department of Revenue be DISMISSED on the basis of Eleventh Amendment immunity, pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). (3.) That Plaintiffs claims for monetary relief against Def endant in her individual capacity be DISMISSED for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (4.) That Plaintiff's state law claims be DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert them in state court. (5.) That all pending motions be DENIED as moot. (6.) That this action be DISMISSED and the clerk be directed to close the file. (See page 5 of the R&R re Attachment: # 1 Case No. 2009 DR 1320 S Electronic Docket) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/28/2009. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 11/25/2009. (djb)