BROWN v. JONES et al

Filing 14

ORDER OF DISMISSAL - The 11 report and recommendation is accepted and adopted as the court's further opinion. The clerk must enter judgment stating, "The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim on which relief can be granted." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 6/26/2017. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

COWELL NEMOY BROWN,
Plaintiff,
v.

CASE NO. 4:16cv777-RH/CAS

JULIE JONES et al.,
Defendants.
___________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 11, and the objections, ECF No. 12. I have reviewed de
novo the issues raised by the objections.
The report and recommendation correctly concludes that the amended
complaint fails to state a claim against these defendants on which relief can be
granted. The plaintiff was given leave to amend, but he did not cure the
deficiencies, and in his objections, he says he need not do so. This order thus does
not give leave to amend further.

Case No. 4:16cv777-RH/CAS

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An illustration of the plaintiff’s position is this. He insists he may sue the
Florida Fifth District Court of Appeal and Circuit Court for the Ninth Judicial
Circuit. Those are not suable entities, so the complaint fails to state a claim against
them on which relief can be granted. If they were suable entities, it would not save
the plaintiff’s claims; the state and state entities, including these, have Eleventh
Amendment immunity. See, e.g., 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).
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
further opinion. The clerk must enter judgment stating, “The complaint is
dismissed under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim on which
relief can be granted.” The clerk must close the file.
SO ORDERED on June 26, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:16cv777-RH/CAS