0:26-cv-60352•Hunt v. Lott
Texte intégral
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:26-CV-60352-AUGUSTIN-BIRCH SAMUEL J. HUNT, Plaintiff, v. JONATHAN LOTT, Defendant. ________________________________________/ REPORT AND RECOMMENDATION TO DISMISS COMPLAINT WITHOUT PREJUDICE This matter comes before the Court upon review of Plaintiff Samuel J. Hunt’s Complaint and Emergency Motion for Temporary Restraining Order. DE 1; DE 3. Plaintiff names as the sole Defendant Circuit Judge Jonathan Lott of the Seventeenth Judicial Circuit in and for Broward County, Florida. Plaintiff challenges rulings and procedures in his active, state dissolution-of-marriage case. See Hunt v. Hunt, No. FMCE16014948 (Broward Cnty., Fla.).1 While Plaintiff’s marriage was dissolved in 2018, the state case remains active with respect to disputes over child timesharing. Plaintiff contends that rulings and procedures in the state case violate his constitutional rights. In particular, Plaintiff challenges the adjudication of a petition for a writ of habeas corpus that he filed in the state case. The state docket reflects that he filed the petition in July 2025 and that the state court denied the petition shortly thereafter. The state docket further reflects that the Fourth District Court of Appeals determined in August 2025 that the petition was properly denied. 1 The Court takes judicial notice of the state docket. See Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649, 652 (11th Cir. 2020) (concluding that a district court properly could judicially notice online state court dockets). Case 0:26-cv-60352-EA Document 5 Entered on FLSD Docket 02/17/2026 Page 1 of 3
2 The Fourth District Court of Appeals stated that habeas relief is not available under Florida law to collaterally litigate child custody where a different remedy is adequate and available. Having reviewed Petitioner’s Complaint and Emergency Motion for Temporary Restraining Order, the Court recommends abstention under Younger v. Harris and dismissal of the Complaint without prejudice. See generally Younger v. Harris, 401 U.S. 37 (1971). A court may dismiss a case sua sponte under Younger. See Boyd v. Georgia, 512 F. App’x 915 (11th Cir. 2013) (affirming a sua sponte dismissal of a complaint under Younger); Hudson v. Hubbard, 358 F. App’x 116 (11th Cir. 2009) (same). “Younger requires a federal court to abstain where a plaintiff’s federal claims could be adjudicated in a pending state judicial proceeding.” Leonard v. Ala. State Bd. of Pharmacy, 61 F.4th 902, 907 (11th Cir. 2023) (quotation marks omitted). Younger applies if there is an ongoing state judicial proceeding, the state proceeding implicates important state interests, and there is an adequate opportunity in the state proceeding to raise constitutional challenges. New Ga. Project, Inc. v. Att’y Gen., State of Ga., 106 F.4th 1237, 1242 (11th Cir. 2024). Younger applies to require abstention in this case. First, Plaintiff’s state case is ongoing, and the Complaint is an explicit challenge to the rulings and procedures in that case. See DE 1. Second, the nature of the state case is domestic relations. States have an important interest in their own domestic relations matters. Morancy v. Salomon, No. 24-12505, 2025 WL 1341957, at *3 (11th Cir. May 8, 2025) (“The second [Younger] factor, requiring that the state proceeding implicate important state interests, is satisfied because domestic relations issues have been historically considered a state interest.”); Davis v. Self, 547 F. App’x 927, 930 (11th Cir. 2013) (“There is no doubt that matters involving domestic relations and child custody implicate important state interests.”); see also Ingram v. Hayes, 866 F.2d 368, 369 (11th Cir. 1988) (“The federal judiciary has traditionally abstained from deciding cases concerning domestic relations.”). Case 0:26-cv-60352-EA Document 5 Entered on FLSD Docket 02/17/2026 Page 2 of 3
3 Third, a “federal court should assume that state procedures will afford an adequate remedy, in the absence of unambiguous authority to the contrary.” 31 Foster Child. v. Bush, 329 F.3d 1255, 1279 (11th Cir. 2003) (quotation marks omitted). The third Younger factor “is not concerned with questions of substance or equity, but is procedural.” Morancy, 2025 WL 1341957, at *3. Plaintiff has the ability to raise his constitutional arguments through the state case. As all three Younger factors are satisfied, the Court recommends abstention and dismissal of the Complaint without prejudice. See Hale v. Pate, 694 F. App’x 682, 684 (11th Cir. 2017) (“Dismissals pursuant to the Younger abstention doctrine are without prejudice.”). The Clerk of Court is directed to mail a copy of this Report and Recommendation to Plaintiff at the address listed below and to make a notation of such on the docket. Within fourteen days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to any of the above findings and recommendations. 28 U.S.C. § 636(b)(1); S.D. Fla. Mag. R. 4(b). The parties are hereby notified that a failure to timely object waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions contained in this Report and Recommendation. 11th Cir. R. 3-1. DONE AND SUBMITTED in Chambers at Fort Lauderdale, Florida, this 17th day of February, 2026. ___________________________________ PANAYOTTA AUGUSTIN-BIRCH UNITED STATES MAGISTRATE JUDGE Copy mailed to: Samuel J. Hunt 10031 Camille Drive SE Huntsville, AL 35803 Case 0:26-cv-60352-EA Document 5 Entered on FLSD Docket 02/17/2026 Page 3 of 3
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.