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)

Download PDF
Page 1 of 2 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 Page 2 of 2 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?