Opinion
21-14355-CIV-MARTINEZ-MAYNARD
09-01-2022
STEPHEN LYNCH MURRAY, Plaintiff, v. PHIL ARCHER, CHRIS SPROWLS, OKEECHOBEE COUNTY SHERIFF'S OFFICE, RON DESANTIS, PINELLAS COUNTY SHERIFF'S OFFICE Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
JOSE E. MARTINEZ, UNITED STATES DISTRICT JUDGE.
THIS MATTER was referred to the Honorable Shaniek K. Maynard, United States Magistrate Judge, for a ruling on all pre-trial, non-dispositive matters, and for a report and recommendation on all dispositive matters. (ECF No. 56). Judge Maynard issued a Report and Recommendation, (ECF No. 67), on the Motions to Dismiss filed by Pinellas County Sheriff's Office, (ECF No. 9); Governor Ron DeSantis, (ECF No. 13); Phil Archer, (ECF No. 20); Okeechobee County Sheriffs Office, (ECF No. 26); and Speaker Chris Sprowls' Notice of Joinder to each Defendants' Motions to Dismiss, (ECF No. 40), (collectively, “Motions to Dismiss”).
The R&R recommended as follows:
1. Governor Ron DeSantis' Motion to Dismiss, (ECF No. 13), be GRANTED and that all claims against Governor Ron DeSantis in his official capacity for monetary damages be DISMISSED WITH PREJUDICE;
2. Speaker Chris Sprowls' Motion to Dismiss, (ECF No. 40), be GRANTED and that any claims against Speaker Chris Sprowls in his official capacity for monetary damages be DISMISSED WITH PREJUDICE;
3. Pinellas County Sheriffs Office's Motion to Dismiss, (ECF No. 9), and Okeechobee County Sheriffs Office's Motion to Dismiss, (ECF No. 26), be GRANTED and that these Defendants be DISMISSED WITHOUT PREJUDICE to Plaintiff naming the appropriate party;
4. Any claims in the Complaint alleging First or Fourth Amendment violations by the Defendants based upon the arrest, detention, search, or seizure of Plaintiff or his electronic devices in January 2021 be DISMISSED WITH PREJUDICE;
5. That Plaintiff be cautioned that failure to file an amended complaint within 20 days of the Court's order on the R&R may result in dismissal of Plaintiff s case with prejudice without further notice;
6. All pending motions be DENIED AS MOOT.
Plaintiff filed Objections to the R&R, (ECF No. 68). He then filed a Motion for Permission to File Objections Exceeding 20 pages in Length to the Magistrate Judge's Report and Recommendation or to Withdraw Complaint Prior to Dismissal (“Motion on R&R”) (ECF No. 72). Plaintiffs Motion on R&R seeks to file 77 pages of objections to the R&R, (ECF No. 72-1), in addition to 81 pages of Objections already filed, (ECF No. 68). In the alternative, Plaintiff moves to “withdraw his Complaint before dismissal for the purpose to replace it with multiple complaints[.]” (ECF No. 72 ¶ 6).
The Court, having conducted a de novo review of the record and the issues presented in Plaintiffs Objections to the R&R, (ECF No. 63), agrees with and adopts the R&R. The Court overrules Plaintiffs Objections to the R&R, (ECF No. 63). Defendants do not object to the R&R, (ECF Nos. 69, 70, 71). Therefore, after careful consideration, it is hereby ADJUDGED that
1. United States Magistrate Judge Maynard's Report and Recommendation, (ECF No. 67), is AFFIRMED and ADOPTED.
2. Plaintiffs Motion on R&R, (ECF No. 72), is DENIED. The Court will not permit Plaintiff to file another set of objections, let alone 81-pages worth. To the extent Plaintiff wishes to replead his claims, he may do so pursuant to the R&R. But Plaintiff cannot escape dismissal with prejudice of his futile claims by withdrawing his Complaint now. Relatedly, Plaintiff is cautioned that even though he is a pro se litigant, he must follow the Local Rules and Federal Rules of Civil Procedure. The Court advises Plaintiff that it will strike any further filings that violate the Local Rules or Federal Rules of Civil Procedure.
It is therefore ADJUDGED that
3. Governor Ron DeSantis' Motion to Dismiss, (ECF No. 13), is GRANTED and all claims against Governor Ron DeSantis in his official capacity for monetary damages are DISMISSED WITH PREJUDICE;
4. Speaker Chris Sprowls' Motion to Dismiss, (ECF No. 40), is GRANTED and any claims against Speaker Chris Sprowls in his official capacity for monetary damages are DISMISSED WITH PREJUDICE;
5. Pinellas County Sheriffs Office's Motion to Dismiss, (ECF No. 9), and Okeechobee County Sheriffs Office's Motion to Dismiss, (ECF No. 26), are GRANTED and that these Defendants are DISMISSED WITHOUT PREJUDICE to Plaintiff naming the appropriate party;
6. Any claims in the Complaint alleging First or Fourth Amendment violations by the Defendants based upon the arrest, detention, search, or seizure of Plaintiff or his electronic devices in January 2021 are DISMISSED WITH PREJUDICE;
7. Plaintiff is cautioned that failure to file an amended complaint within 20 days of this Order may result in dismissal of Plaintiffs case with prejudice without further notice;
8. All pending motions are DENIED AS MOOT.
DONE AND ORDERED.