CRENSHAW et al v. CITY OF DEFUNIAK SPRINGS et al

Filing 136

ORDER adopting the magistrate judge's 116 Report and Recommendation. Defendants' motions to dismiss (docs. 96 , 97 , 100 ) are GRANTED. Plaintiff Timothy Crenshaw is DISMISSED as a Plaintiff for lack of standing. The federal claims asserted in the Amended Complaint are DISMISSED with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), because the allegations fail to state a claim upon which relief can be granted. Any state law claims are DISMISSED without pr ejudice. Plaintiffs Request to Stay and Execute Motion to Joinder [sic] Department of Justice and United States Attorney As Filed [sic] (docs. 112 & 119 ) is DENIED. All other pending motions are DENIED as MOOT. The Clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 2/20/2014. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY CRENSHAW and
HELEN L. CRENSHAW,
Plaintiffs,
v.

Case No.: 3:13cv50/MCR/EMT

CITY OF DEFUNIAK SPRINGS, et al.,
Defendants.
_________________________________/

ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated October 29, 2013 (doc. 116). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has
made a de novo determination of any timely filed objections (see doc. 119). Having
considered the Report and Recommendation and the timely filed objections, the Court
concludes that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Defendants’ motions to dismiss (docs. 96, 97, 100) are GRANTED.

3.

Plaintiff Timothy Crenshaw is DISMISSED as a Plaintiff for lack of standing.

4.

The federal claims asserted in the Amended Complaint are DISMISSED with

prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), because the allegations fail to state a claim
upon which relief can be granted.
5.

Any state law claims are DISMISSED without prejudice.

6.

Plaintiffs’ Request to Stay and Execute Motion to Joinder [sic] Department

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of Justice and United States Attorney As Filed [sic] (docs. 112 & 119) is DENIED.
7.

All other pending motions are DENIED as MOOT.

8.

The Clerk is directed to close the file.

DONE AND ORDERED this 20th day of February, 2013.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:13cv50/MCR/EMT