MAY v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION et al
Filing
4
ORDER OF DISMISSAL: The clerk must enter judgment stating, The complaint is dismissed without prejudice based on the Eleventh Amendment. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 3/17/2015. (dac)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
GEORGE MAY,
Plaintiff,
v.
CASE NO. 4:14cv678-RH/CAS
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION et al.,
Defendants.
___________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 3. No objections have been filed. As the report and
recommendation correctly notes, this action is barred by the Eleventh Amendment.
See Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996) (holding that a state sued
in its own name has Eleventh Amendment immunity, regardless of the relief
sought, unless the immunity has been waived or validly abrogated by Congress
under the Fourteenth Amendment). Accordingly,
IT IS ORDERED:
Case No. 4:14cv678-RH/CAS
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The clerk must enter judgment stating, “The complaint is dismissed without
prejudice based on the Eleventh Amendment.” The clerk must close the file.
SO ORDERED on March 17, 2015.
s/Robert L. Hinkle
United States District Judge
Case No. 4:14cv678-RH/CAS
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