Opinion
21-81277-CIV-CANNON/Reinhart
02-16-2022
JOHN DAVID GRENON, Plaintiff, v. RIC BRADSHAW in his official capacity as Sheriff of Palm Beach County, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation [ECF No. 31]. On November 4, 2021, the Court referred Defendants' Motion to Dismiss Counts II and III of Plaintiff's First Amended Complaint [ECF No. 23] to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation [ECF No. 29]. On January 24, 2022, Judge Reinhart issued a Report (“R&R”) recommending that Counts II and III of Plaintiff's First Amended Complaint be dismissed without prejudice with leave to amend [ECF No. 31 p. 17]. The R&R states that the parties shall file any objections within fourteen days of the date of service of the R&R [ECF No. 31 pp. 17-18]. No party has filed objections.
Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that Defendants' Motion to Dismiss Counts II and III of Plaintiff's First Amended Complaint [ECF No. 23] should be GRANTED for the reasons set forth therein.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1. The R&R [ECF No. 31] is ADOPTED.
2. Defendants' Motion to Dismiss [ECF No. 23] is GRANTED.
3. Counts II and III of Plaintiffs First Amended Complaint are DISMISSED WITHOUT PREJUDICE.
4. Plaintiff will have one final opportunity to file a second amended pleading for the limited purpose of amending Counts II and III consistent with the R&R, on or before March 3, 2022.
DONE AND ORDERED.