DAWSON v. HEAD

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CHARLES KEVIN DAWSON,
Plaintiff,
v. Case No. 5:21-cv-240-TKW-MJF
JEREMY HEAD,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 36) and Plaintiff’s objection (Doc. 38). The Court reviewed
the issues raised in the objection de novo under 28 U.S.C. §636(b)(1) and Fed. R.
Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate
judge’s determination that Plaintiff’s federal claims should be dismissed because
they fail to state a plausible claim for relief and that the Court should decline to
exercise supplemental jurisdiction over Plaintiff’s state-law claim.
The Court did not overlook the proposed amended complaint (Doc. 37) that
Plaintiff filed with his objection. Unlike the prior proposed amended complaint
(Doc.33) that was rejected by the magistrate judge, see Doc. 35, this proposed
amended complaint is on the court-approved form. However, for the same reasons
that the magistrate judge determined that the prior proposed amended complaint fails
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to state a plausible federal claim, id. at 4–16, the latest proposed amended complaint
fails to state a plausible federal claim. Thus, it would be futile to allow the case to
proceed on proposed amended complaint.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Plaintiff’s federal claims are DISMISSED with prejudice for failure
to state a claim on which relief can be granted.
3. The Court declines to exercise supplemental jurisdiction over
Plaintiff’s state-law claim under 28 U.S.C. §1367(c)(3), and that claim is
DISMISSED without prejudice.
4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 12th day of November, 2025.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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