BENTLEY v. REUDGEN

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JUAN OMAR BENTLEY,
Plaintiff,
v. 	Case No. 1:25-cv-184-TKW-HTC
OFFICER JASON REUDGEN,
Defendant.
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ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
The magistrate judge recommended that this action be dismissed “without
prejudice” 	because 	the 	official 	capacity 	claims 	are 	barred 	by 	the 	Eleventh
Amendment and the individual capacity claims are not adequately pled. 	See Doc.
27. Neither party objected to that recommendation, but Plaintiff requested leave to
amend “to replead and supply the necessary factual allegation[s] to support a claim
for relief.” Doc. 30.
Plaintiff has not previously amended the complaint, and the Court cannot say
at this point that an amendment would be futile. Moreover, because the magistrate
judge recommended dismissal of this case “without prejudice,” the Court sees no
reason not to allow Plaintiff to file an amended complaint in this case rather than
requiring him to re-file his claims in an entirely new action.
Accordingly, it is ORDERED that:
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1. 	The magistrate judge’s Report and Recommendation (Doc. 27) is
adopted and incorporated by reference in this Order.
2. 	Defendant’s motion to dismiss (Doc. 21) is GRANTED, and the
complaint is DISMISSED without prejudice.
3. 	Plaintiff’s motion for leave to amend (Doc. 30) is GRANTED, and
Plaintiff has 21 days from the date of this Order to file an amended complaint curing
the pleading deficiencies identified by the magistrate judge.
4. 	Defendant has 14 days from the date the amended complaint is filed to
answer or otherwise respond to it.
5. 	The Clerk shall refer this case to the magistrate judge for further
proceedings when the amended complaint is filed.
6. 	If no amended complaint is filed, the Clerk shall close this case.
DONE and ORDERED this 8th day of July, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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