THOMAS v. KAISER et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOHN WAYNE THOMAS,
Plaintiff,
v. Case No. 3:24cv359-LC-HTC
ANTHONY KAISER, et al.,
Defendants.
________________________/
ORDER
The magistrate judge issued a Report and Recommendation on July 18, 2025
(ECF No. 68), recommending that Plaintiff’s federal law claims be dismissed and
the Court decline to exercise supplemental jurisdiction over Plaintiff’s state law
claims. The parties were furnished a copy of the Report and Recommendation and
afforded an opportunity to file objections pursuant to Title 28, United States Code,
Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined the
Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s Report and Recommendation (ECF No. 68) is
adopted and incorporated by reference in this order.
2. Defendant Kaiser’s motion to dismiss (ECF No. 51) is GRANTED to
the extent that Thomas’s Fourth Amendment unlawful detention claim is
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DISMISSED WITHOUT PREJUDICE and his Fourth Amendment excessive force
claim is DISMISSED WITH PREJUDICE.
3. The Court declines to exercise supplemental jurisdiction over
Plaintiff’s state law claims against Kaiser and the City of DeFuniak Springs and
those claims are DISMISSED WITHOUT PREJUDICE.
4. Defendant City of DeFuniak Spring’s motion to dismiss (ECF No. 52)
is TERMINATED AS MOOT.
5. Defendant City of DeFuniak Spring’s motion for leave to file a reply
(ECF No. 67) is TERMINATED AS MOOT.
6. The Clerk of Court shall enter judgment in accordance with this Order
and close this case.
DONE AND ORDERED this 9th day of December, 2025.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No. 3:24cv359-LC-HTC
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