WASHINGTON v. STATE OF FLORIDA

Filing 71

ORDER adopting Chief Magistrate Judge's 68 REPORT AND RECOMMENDATION. The Motions to Dismiss (ECF Nos. 34 , 36 , 40 ) are GRANTED, and Plaintiff's claims are DISMISSED as follows: a. Plaintiff's claims against Defendant Escambia County School District/School Board are DISMISSED WITH LEAVE TO AMEND; b. Plaintiff's claims against the remaining Defendants are DISMISSED WITHOUT LEAVE TO AMEND. The case is recommitted to the assigned magistrate judge for issuance of an order directing Plaintiff to file a Second Amended Complaint. Signed by SENIOR JUDGE ROGER VINSON on 9/10/2019. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LESTER WASHINGTON,
Plaintiff,
vs.

Case No.: 3:18cv446/RV/EMT

STATE OF FLORIDA, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated August 23, 2019 (ECF No. 68). The parties have been
furnished a copy of the Report and Recommendation and afforded an opportunity to
file objections pursuant to Title 28, United States Code, Section 636(b)(1). The
plaintiff has filed an objection (ECF No. 70), and I have made a de novo review of
that objection.
Having considered the Report and Recommendation, and the plaintiff’s
objection thereto, I have determined that the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:

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1.

The chief magistrate judge’s Report and Recommendation (ECF No. 68)

is adopted and incorporated by reference in this order.
2.

The Motions to Dismiss (ECF Nos. 34, 36, 40) are GRANTED, and

Plaintiff’s claims are DISMISSED as follows:
a.

Plaintiff’s claims against Defendant Escambia County School

District/School Board are DISMISSED WITH LEAVE TO AMEND;
b.

Plaintiff’s claims against the remaining Defendants are

DISMISSED WITHOUT LEAVE TO AMEND.
3.

The case is recommitted to the assigned magistrate judge for issuance of

an order directing Plaintiff to file a Second Amended Complaint.
DONE AND ORDERED this 10th day of September, 2019.

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

Case No.: 3:18cv446/RV/EMT