STEWART v. SMITH

Filing 58

ORDER - 1) The clerk shall add the FL Department of Education and the FL Department of Education, Division of Vocational Rehabilitation, as Dfts. 2) Pla's 56 MOTION to Consolidate this action with Case No. 5:09cv285/RS/MD is DENIED. **REPORT AND RECOMMENDATION - 1) That this action be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii), for failure to state a claim on which relief may be granted and for seeking monetary relief against a Dft who is immune f rom such relief. 2) That the clerk be directed to enter Judgment accordingly and CLOSE this case. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/25/2010. **(Internal deadline for referral to district judge if objections are not filed earlier: 11/22/2010. (laj)

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