STEWART v. SMITH

Filing 62

ORDER ADOPTING 58 REPORT AND RECOMMENDATION. This case is 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 de fendant who is immune from that relief. Plaintiff's 60 Motion for Reconsideration and 61 Motion to Accept Exhibits are denied as moot. The clerk is directed to enter judgment for Defendants and to close the file. Signed by JUDGE RICHARD SMOAK on 11/17/2010. (jem)

STEWART v. SMITH

Doc. 62

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

BILLY CLIFTON STEWART, Plaintiff, vs. ERIC J. SMITH, Florida Commissioner of Education; FLORIDA DEPARTMENT OF EDUCATION; and FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, Defendants. ______________________________________/ ORDER Before me are the Magistrate Judge's Order, Report and Recommendation (Doc. 58) and Plaintiff's Objections (Doc. 59). I have considered Plaintiff's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Order, Report and Recommendation is adopted and incorporated in this Order. 2. This case is 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 defendant who is immune from that relief. 3. Plaintiff's Motion For Reconsideration (Doc. 60) and Motion To Accept Exhibits (Doc. 61) are denied as moot. CASE NO. 5:08cv280/RS-EMT

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4.

The clerk is directed to enter judgment for Defendants and to close the file.

ORDERED on November 17, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE