SMITH v. GLENDINEN et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION. The report and recommendation, ECF No. 10 , is adopted and incorporated into this order. The clerk will enter a judgment that says, "Plaintiff's claims are dismissed with prejudice for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)." The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 1/10/2022. (atm)

Case 4:21-cv-00176-AW-MJF Document 19 Filed 01/10/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
FRANKLIN C. SMITH,
Plaintiff,
v.

Case No. 4:21-cv-176-AW-MJF

OFFICER GLENDINEN, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
The magistrate judge issued a report and recommendation, concluding the
court should dismiss Plaintiff’s claims. ECF No. 10. In an earlier order, I gave
Plaintiff an extended period to file objections. ECF No. 14.1 He did file objections,
ECF No. 18, which I have considered de novo.
According to Plaintiff’s objection, “[t]his lawsuit is very simple, the defendant
Officer Glendinen was successfully sued for arresting the wrong person with having
knowledge that the person he arrested had nothing to do with the crime that he was
arrested for.” ECF No. 18 at 1. But as the magistrate judge correctly concludes,
Plaintiff has not alleged facts that would support any claim against Officer
Glendinen. There are no facts to support a false arrest claim—or anything else.

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In the meantime, Plaintiff filed a notice of appeal directly with the Eleventh
Circuit. ECF No. 11. The Eleventh Circuit has since dismissed the appeal for lack of
jurisdiction. ECF No. 17.
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Case 4:21-cv-00176-AW-MJF Document 19 Filed 01/10/22 Page 2 of 2

Likewise, there are no facts to support a claim against any other defendant. Plaintiff’s
claims will be dismissed. And because he has already had an opportunity to amend,
the dismissal will be with prejudice.
The report and recommendation (ECF No. 10) is adopted and incorporated
into this order. The clerk will enter a judgment that says, “Plaintiff’s claims are
dismissed with prejudice for failure to state a claim, pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii).” The clerk will then close the file.
SO ORDERED on January 10, 2022.
s/ Allen Winsor
United States District Judge

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