1:25-cv-00047•HERNANDEZ v. MCCALLUM et al
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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MICHAEL HERNANDEZ, Plaintiff, v. Case No. 1:25-cv-47-TKW-ZCB ROBERT B. MCCALLUM, JR., et al., Defendants. / ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 33). No objections were filed. Upon due consideration of the Report and Recommendation and the entire case file, the Court agrees with the magistrate judge’s determination that this case should be dismissed because the third amended complaint is a shotgun pleading that does not comply with the Federal Rules of Civil Procedure. Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. This case is DISMISSED because the third amended complaint is an impermissible shotgun pleading. The dismissal is with prejudice as to the federal claims and without prejudice to refiling in state court as to the state claims. Case 1:25-cv-00047-TKW-ZCB Document 34 Filed 12/01/25 Page 1 of 2
Page 2 of 2 3. The Clerk shall terminate all pending motions, enter judgment in accordance with this Order, and close the case file. DONE AND ORDERED this 1st day of December, 2025. __________________________________ T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE Case 1:25-cv-00047-TKW-ZCB Document 34 Filed 12/01/25 Page 2 of 2
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