RAFFONE v. DIXON et al

Filing 21

ORDER adopting Magistrate Judge's 13 Report and Recommendation. The official capacity claims against all defendants are DISMISSED under 28 U.S.C. §1915(e)(2)(B)(i) and (iii) based on Eleventh Amendment immunity. The in dividual capacity claim against Defendant Dixon is DISMISSED under 28 U.S.C. §1915(e)(2)(B)(ii) for failure to state a plausible claim for relief. The individual capacity claims against the other defendants are TRANSFERRED to the United States District Court for the Southern District of Florida, Miami Division, under 28 U.S.C. §1406(a). The Clerk shall effectuate the transfer and close the case file in this Court. Signed by JUDGE T KENT WETHERELL II on 3/7/2025. (mb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
SALVATORE J. RAFFONE,
Plaintiff,
v.

Case No. 4:24cv408-TKW-MAF

RICKY DIXON, et al.,
Defendants.
__________________________/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (R&R) (Doc. 13)1 and Plaintiff’s objection (Doc. 19).

The

objection focused on the substance of Plaintiff’s claims, not any error in the
magistrate judge’s specific rulings.
Based on the Court’s de novo review of the R&R and objection under 28
U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), the Court agrees with the magistrate
judge’s determination that the official capacity claims against all defendants should
be dismissed based on Eleventh Amendment immunity; that the individual capacity
claim against Defendant Dixon should be dismissed for failure to state a plausible
claim for relief; and that the individual capacity claims against the other defendants

1

The R&R was originally entered as Doc. 13 on February 7, but it was re-entered on
February 18 as Doc. 17. There are no substantive differences in the two documents.

should be transferred to Southern District of Florida because the events giving rise
to those claims occurred at a state prison located within geographic jurisdiction of
that court. Accordingly, it is
ORDERED that:
1.

The R&R is adopted and incorporated by reference in this Order.

2.

The official capacity claims against all defendants are DISMISSED

under 28 U.S.C. §1915(e)(2)(B)(i) and (iii) based on Eleventh Amendment
immunity.
3.

The individual capacity claim

against Defendant Dixon is

DISMISSED under 28 U.S.C. §1915(e)(2)(B)(ii) for failure to state a plausible
claim for relief.
3.

The individual capacity claims against the other defendants are

TRANSFERRED to the United States District Court for the Southern District of
Florida, Miami Division, under 28 U.S.C. §1406(a).
4.

The Clerk shall effectuate the transfer and close the case file in this

Court.
DONE AND ORDERED this 7th day of March, 2025.

__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE