WEINBERG v. WAKULLA COUNTY BOARD OF COMMISIONERS

Filing 73

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 69 Report and Recommendations. Signed by SENIOR JUDGE MAURICE M PAUL on 5/17/2011. Plaintiff's amended complaint, Doc. 18 , is DISMISSED as to Defendant Langston. Plaintiff's claims arising from incidents occurring prior to October 28, 2004, are DISMISSED as barred by the statute of limitations. This case is REMANDED for further proceedings (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
KENNETH LEE WEINBERG,
Plaintiff,
v.

CASE NO. 4:08-cv-00480-MP -WCS

WAKULLA COUNTY BOARD OF COMMISIONERS, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 69, the second Report and Recommendation of
the Magistrate Judge, recommending that claims involving events prior to October 28, 2004, be
dismissed under the statute of limitations and that all claims against defendant Langston be
dismissed pursuant to Plaintiff’s admission that he was not the correct defendant. The plaintiff
objected only to the statute of limitations recommendation.
The Court agrees that all claims against defendant Langston be dismissed pursuant to the
declarations in Plaintiff’s affidavits. Also, the Court agrees that Plaintiff knew at the time of the
first spraying on August 10, 2004, that excessive bleach was being used and causing him
discomfort and raising his health concerns. There is no reason why Plaintiff could not have
brought suit within four years of that date. Therefore, Plaintiff's claims prior to October 28,
2004, are barred by the statute of limitations and should be dismissed. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

Plaintiff's amended complaint, Doc. 18, is DISMISSED as to Defendant
Langston.

2.

Plaintiff's claims arising from incidents occurring prior to October 28, 2004, are

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DISMISSED as barred by the statute of limitations.
3.

This case is REMANDED for further proceedings

DONE AND ORDERED this 17th day of May, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:08-cv-00480-MP -WCS