MOORE v. PHILLIPS et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JYWANZE IGWE MOORE,
Plaintiff,
v. Case No. 3:26-cv-2936-TKW-HTC
OFFICER MATTHEW D. PHILLIPS
and CITY OF CRESTVIEW, FLORIDA,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 8) and Plaintiff’s objection (Doc. 13). The Court reviewed
the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3).
Based on that review, the Court agrees with the magistrate judge’s
determination that the amended complaint should be dismissed for failure to state a
claim upon which relief can be granted. Specifically, the Court agrees with the
magistrate judge that the amended complaint contains conclusory allegations that
are insufficient to state plausible Fourth Amendment claims.
Accordingly, it is ORDERED that:
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1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. This amended complaint is DISMISSED without prejudice.
3. Defendant’s motion to dismiss the original complaint (Doc. 9) is
DENIED as moot because the original complaint was superseded by the amended
complaint.
4. Defendant’s motion for extension of time to respond to the amended
complaint (Doc. 12) is DENIED as moot based on the dismissal of the amended
complaint.
5. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 24th day of April, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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