Crespo v. Florida Commission on Offender Review, 4:16cv471-WS/CAS. (2017)
Court: District Court, N.D. Florida
Number: infdco20170403b70
Visitors: 7
Filed: Mar. 31, 2017
Latest Update: Mar. 31, 2017
Summary: ORDER OF DISMISSAL WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (doc. 26) docketed March 9, 2017. See Doc. 74. The magistrate judge recommends that the defendant's motion to dismiss (doc. 19) be granted and that the plaintiff's action be dismissed as barred by the statute of limitations. The plaintiff has filed objections (doc. 28) to the report and recommendation. Among other things, the plaintiff contends that the magist
Summary: ORDER OF DISMISSAL WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (doc. 26) docketed March 9, 2017. See Doc. 74. The magistrate judge recommends that the defendant's motion to dismiss (doc. 19) be granted and that the plaintiff's action be dismissed as barred by the statute of limitations. The plaintiff has filed objections (doc. 28) to the report and recommendation. Among other things, the plaintiff contends that the magistr..
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ORDER OF DISMISSAL
WILLIAM STAFFORD, Senior District Judge.
Before the court is the magistrate judge's report and recommendation (doc. 26) docketed March 9, 2017. See Doc. 74. The magistrate judge recommends that the defendant's motion to dismiss (doc. 19) be granted and that the plaintiff's action be dismissed as barred by the statute of limitations. The plaintiff has filed objections (doc. 28) to the report and recommendation. Among other things, the plaintiff contends that the magistrate judge erred in finding that the equitable tolling doctrine was not applicable in this case. This court finds no such error.
Having considered the record in light of the plaintiff's objections, the court finds that the magistrate judge's report and recommendation should be adopted.1
The plaintiff maintains that Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 26) is ADOPTED and incorporated into this order by reference.
2. The defendant's motion to dismiss (doc. 19) is GRANTED.
3. The plaintiff's first amended complaint (doc. 17) and this action are DISMISSED with prejudice as untimely.
4. The clerk shall enter judgment stating: "All claims are DISMISSED with prejudice."
5. The clerk shall terminate all pending motions and close the case.
DONE AND ORDERED.
FootNotes
1. Although the magistrate judge did not address the defendant's Eleventh Amendment immunity argument, this court notes that the Florida Commission on Offender Review (previously named the Florida Parole Commission) is a state agency entitled to Eleventh Amendment immunity in federal court. See, e.g., Adlington v. Spooner, 743 So.2d 1195, 1195 (Fla. 4th DCA 1999) (holding that the Florida Parole Commission is a state agency).
Source: Leagle
