SAN ANTONIO v. HENRY et al

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. Defendant's Motion to Dismiss with Prejudice (doc. 4 ) is GRANTED to the following extent: Plaintiff's state law claims against the defendants are DISMISSED WITH PREJUDICE for failure to state a claim on which relief may be granted (barred by Floridas statute of limitations). Plaintiff's federal law claims against the defendants are DISMISSED WITHOUT PREJUDICE for failure to state a claim on which relief may be granted (failure to exhaust administrative remedies). The clerk shall close the file. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 1/2/2014. (sdw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANIBAL SAN ANTONIO,
Plaintiff,
vs.

Case No. 3:13cv528/RV/CJK

MARK HENRY, et al.,
Defendants.
______________________/

ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on December 23, 2013 (doc. 12), pursuant to 28 U.S.C. § 636(b)(1)(B), and after
reviewing objections to the Recommendation (doc. 13), the Recommendation is
adopted as the opinion of the Court.
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 12) is adopted
and incorporated by reference in this order.
2. Defendant’s Motion to Dismiss with Prejudice (doc. 4) is GRANTED to the
following extent:
a. Plaintiff’s state law claims against the defendants are DISMISSED
WITH PREJUDICE for failure to state a claim on which relief may be

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granted (barred by Florida’s statute of limitations).
b. Plaintiff’s federal law claims against the defendants are DISMISSED
WITHOUT PREJUDICE for failure to state a claim on which relief may
be granted (failure to exhaust administrative remedies).
3. The clerk shall close the file.
DONE AND ORDERED this 2nd day of January, 2014.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:13cv528/RV/CJK