STEWART v. SMITH
| ERIC J SMITH |
| BILLY CLIFTON STEWART |
| 5:2008cv00280 |
| September 9, 2008 |
| US District Court for the Northern District of Florida |
| Civil Rights: Other Office |
| Bay |
| RICHARD SMOAK |
| ELIZABETH M TIMOTHY |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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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)
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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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Filing
21
ORDER - 1) The clerk is directed to return to Pltf, without electronic filing, the (4) civil rights complaints received on 5/22/09. 2) The clerk is directed to forward to Pltf a 1983 civil rights complaint form with this case numbe r written on the form. 3) Pltf shall have (30) days from the date of docketing of this Order in which to file a "Third Amended Complaint". Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 5/29/2009. Form and (4) civil rights complaint mailed to Pltf - Third Amended Complaint due by 6/28/2009. (laj)
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| Petitioner: BILLY CLIFTON STEWART | |
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| Defendant: ERIC J SMITH | |
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