HERNANDEZ v. MCCALLUM et al

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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.
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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
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