RUDDER v. WYROSDICK ( 2023 )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANGELA KAY RUDDER, Plaintiff, v. Case No.: 3:21-cv-1001/MCR/ZCB TIMOTHY WYROSDICK, et al., Defendants. _____________________/ ORDER The magistrate judge issued a Report and Recommendation on July 5, 2023. (Doc. 57). The Court furnished the parties a copy of the Report and Recommendation and 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined the Report and Recommendation should be adopted. Accordingly, it is ORDERED: 1. The magistrate judge’s Report and Recommendation (Doc. 57) is adopted and incorporated by reference in this order. 1 2. Defendants’ Motion to Dismiss, (Doc. 51), is GRANTED. 3. Plaintiff’s fifth amended complaint (Doc. 46) be DISMISSED as a shotgun pleading and for lack of standing.1 4. The Clerk of Court is directed to enter judgment in accordance with this order and close the case. DONE AND ORDERED this 1st day of September 2023. M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE 1 Plaintiff’s federal claims should be dismissed with prejudice. See Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1296 (11th Cir. 2018). To the extent the fifth amended complaint includes state law claims, those claims should be dismissed without prejudice. Id. at 1296-97 2