STATE OF FLORIDA

STATE BOARD OF ADMINISTRATION

CLEVELAND BATES, )

)

vs.

Petitioner,

)

)

) DOAH Case No. 10-10096

) SBA Case No. 2010-1920

STATE BOARD OF ADMINISTRATION,)

)

Respondent. )

)

FINAL ORDER OF DISMISSAL

On May 4, 2011, the Administrative Law Judge in this case issued an Order to Show Cause to the Petitioner directing the Petitioner to show cause, no later than May 13, 2011, as to why the file should not be closed and the matter returned to the State Board of Administration ("SBA"), based on Petitioner's failure to file a status report by April 6, 2011. Petitioner failed to respond to the 9rder to Show Cause, and the Administrative Law Judge issued an Order Closing File, relinquishing jurisdiction to the SBA. A copy of the Order Closing File is attached hereto as Exhibit A. The matter is now pending before the Senior Defined Contribution Programs Officer for final agency action.

ORDERED

The Order Closing File (Exhibit A) hereby is adopted in its entirety. This case is CLOSED and the Petitioner's Petition for Hearing hereby is dismissed.

Any party to this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal

pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the State Board of Administration in the Office of the General Counsel, State Board of Administration, 1801 Hermitage Boulevard, Suite 100, Tallahassee, Florida, 32308, and by filing a copy of the Notice of Appeal a companied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days from the date the Final Order is filed with the Clerk of the State Board of

Administration.

DONE AND ORDERED this 8/ at: day of May, 2011, in Tallahassee, Florida.

TATE OF FLORIDA

S BOARD OF ADMINISTRATION

Ron Poppel, e Programs Officer

State Board of Administration

1801 Hermitage Boulevard, Suite 100

Tallahassee, Florida 32308

(850) 488-4406

FILED ON THIS DATE PURSUANT TO SECTION 120.52, FLORIDA STATUTES WITH THE DESIGNATED CLERK OF THE STATE BOARD OF ADMINISTRATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED.

Clerk Tf tJ

CERTIFICATE OF SERVICE

; "fJ)-

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order of Dismissal was sent by UPS to Cleveland Bates, pro se, 2280 North Sherman Circle, Apartment 101, Miramar, Florida 33025, and by U.S. Mail to Brian Newman and Brandice Dickson, Esq., at Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., P.O. Box 10095, Tallahassee, Florida 32302-2095, and to Patricia M. Hart, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee

Parkway, Tallahassee,Florida32399-30                                      

Ruth A. Smith

Assistant General Counsel

State Board of Administration of Florida 1801 Hermitage Boulevard

Suite 100

Tallahassee, FL 32308

Docket for Case No: 10-010096

Orders for Case No: 10-010096