From Casetext: Smarter Legal Research

Hayes v. Sec'y, Florida Dep't of Children & Families

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION
Jul 11, 2012
CASE NO. 4:10cv541-MP-CAS (N.D. Fla. Jul. 11, 2012)

Opinion

CASE NO. 4:10cv541-MP-CAS

07-11-2012

ROBERT HAYES, Plaintiff, v. SECRETARY, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Defendant.


ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated May 11, 2012. (Doc. 25). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. Defendant's motion to dismiss (doc. 21) is DENIED, defendant is directed to file an answer to plaintiff's second amended complaint.

3. This case is REMANDED to the magistrate judge for further proceedings.

_________________

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Hayes v. Sec'y, Florida Dep't of Children & Families

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION
Jul 11, 2012
CASE NO. 4:10cv541-MP-CAS (N.D. Fla. Jul. 11, 2012)
Case details for

Hayes v. Sec'y, Florida Dep't of Children & Families

Case Details

Full title:ROBERT HAYES, Plaintiff, v. SECRETARY, FLORIDA DEPARTMENT OF CHILDREN AND…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Jul 11, 2012

Citations

CASE NO. 4:10cv541-MP-CAS (N.D. Fla. Jul. 11, 2012)

Citing Cases

Smith v. National Domestic Violence Hotline

And a claim against a state agency is a claim against the state, which is barred by the Eleventh Amendment.…

Chase v. Desantis

Regardless, a claim against a state agency is a claim against the state, which is barred by the Eleventh…