EVANS v. ECHEVERRI

EVANS v. ECHEVERRI

Plaintiff:	MICHAEL A EVANS
Defendant:	LISA ECHEVERRI
Case Number:	3:2009cv00297
Filed:	July 13, 2009
Court:	US District Court for the Northern District of Florida
Office:	Pensacola Office
County:	Okaloosa
Presiding Judge:	M CASEY RODGERS
Presiding Judge:	ELIZABETH M TIMOTHY
Nature of Suit:	None
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
January 8, 2010	Filing 15 ORDER: (1.) The magistrate judge's 10 Report and Recommendation is rejected only to the extent it recommends dismissal of Plaintiff's claims for equitable relief against Director Echeverri on Younger abstention grounds. The Report and Recommendation is ADOPTED in all other respects. (2.) Plaintiff's claims for monetary relief against Director Echeverri in her official capacity as Executive Director of the Florida Department of Revenue are DISMISSED onthe basis of Eleventh Amendment immunity, pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). (3.) Plaintiff's claims for equitable relief against Director Echeverri in her official capacity and Plaintiff's claims for monetary and equitable relief aga inst Director Echeverri in her individual capacity are DISMISSED for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (4.) Plaintiff's claims under 28 U.S.C. §§ 2281, 2283, and 2284 are DISMISSED as frivolous. (5.) Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert them in state court. (6.) All pending motions are DENIED as moot. (7.) This action is DISMISSED and the clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on 1/8/2010. (djb)

Date Filed

Document Text

January 8, 2010

Filing 15 ORDER: (1.) The magistrate judge's 10 Report and Recommendation is rejected only to the extent it recommends dismissal of Plaintiff's claims for equitable relief against Director Echeverri on Younger abstention grounds. The Report and Recommendation is ADOPTED in all other respects. (2.) Plaintiff's claims for monetary relief against Director Echeverri in her official capacity as Executive Director of the Florida Department of Revenue are DISMISSED onthe basis of Eleventh Amendment immunity, pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). (3.) Plaintiff's claims for equitable relief against Director Echeverri in her official capacity and Plaintiff's claims for monetary and equitable relief aga inst Director Echeverri in her individual capacity are DISMISSED for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (4.) Plaintiff's claims under 28 U.S.C. §§ 2281, 2283, and 2284 are DISMISSED as frivolous. (5.) Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert them in state court. (6.) All pending motions are DENIED as moot. (7.) This action is DISMISSED and the clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on 1/8/2010. (djb)

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Plaintiff: MICHAEL A EVANS
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Defendant: LISA ECHEVERRI
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