Kenyon v. Loar et al

Filing 30

ORDER ADOPTING MAGISTRATE JUDGES REPORTS AND RECOMMENDATIONS, DENYING PRELIMINARY INJUNCTION, DISMISSING COMPLAINT WITHOUT PREJUDICE, AND CLOSING CASE dismissing 17 Amended Complaint/Amended Notice of Removal filed by Ward Lawrence Kenyon, overru ling 29 Objections to Report and Recommendations filed by Ward Lawrence Kenyon ; denying 24 Motion for Preliminary Injunction; Adopting 25 Report and Recommendations on 17 Amended Complaint/Amended Notice of Removal filed by Ward Lawrence Kenyon, 29 Objections to Report and Recommendations filed by Ward Lawrence Kenyon. Certificate of Appealability: No Ruling; Adopting 26 Report and Recommendations on 17 Amended Complaint/Amended Notice of Removal filed by Ward Lawrence Kenyon, 29 Objections to Report and Recommendations filed by Ward Lawrence Kenyon. Certificate of Appealability: No Ruling Closing Case. Signed by Judge Robin L. Rosenberg on 10/9/2020. See attached document for full details. (pcs)

Case 2:20-cv-14048-RLR Document 30 Entered on FLSD Docket 10/13/2020 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 2:20-CV-14048-ROSENBERG/REID

WARD LAWRENCE KENYON,
Plaintiff,
v.
DERYL LOAR, et al.,
Defendants.
____________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORTS AND
RECOMMENDATIONS, DENYING PRELIMINARY INJUNCTION,
DISMISSING COMPLAINT WITHOUT PREJUDICE, AND CLOSING CASE
This matter is before the Court upon the Reports and Recommendations of Magistrate
Judge Lisette M. Reid. DE 25; DE 26. Plaintiff filed an Amended Civil Rights Complaint under
42 U.S.C. § 1983. DE 17. Judge Reid recommends that the Amended Complaint be dismissed
without prejudice for failure to state a claim upon which relief can be granted. DE 25. Plaintiff
also filed a Motion for a Preliminary Injunction. DE 24. Judge Reid recommends that the Motion
be denied for failure to demonstrate a substantial likelihood of prevailing on the merits. DE 26.
Plaintiff filed Objections to the Report and Recommendation at docket entry 25. DE 29.
The Court has reviewed the Reports and Recommendations, Plaintiff’s Objections, and the record
and is otherwise fully advised in the premises. The Court notes that Plaintiff impermissibly
includes additional factual allegations in the Objections that he did not include in the Amended
Complaint, despite previously being ordered to include all allegations supporting his claims in the
Amended Complaint. See DE 15. The Court does not consider these additional factual allegations
in determining whether the Amended Complaint states a claim upon which relief can be granted.
See, e.g., Edwards v. Prime, Inc., 602 F.3d 1276, 1291 (11th Cir. 2010) (“A complaint may be

Case 2:20-cv-14048-RLR Document 30 Entered on FLSD Docket 10/13/2020 Page 2 of 2

dismissed if the facts as pled do not state a claim for relief that is plausible on its face.” (quotation
marks omitted)). The Court further notes that the Amended Complaint contains claims arising out
of unrelated transactions and occurrences, even though Plaintiff previously was advised that such
a pleading is impermissible. See DE 15.
The Court agrees with the analysis and conclusions in the Reports and Recommendations
and finds Judge Reid’s recommendations to be well reasoned and correct. Accordingly, it is
ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Reid’s Report and Recommendation [DE 25] is ADOPTED as the Order
of the Court.
2. Magistrate Judge Reid’s Report and Recommendation [DE 26] is ADOPTED as the Order
of the Court.
3. Plaintiff’s Objections [DE 29] are OVERRULED.
4. For the reasons given in the Report and Recommendation [DE 25] and this Order, the
Amended Complaint [DE 17] is DISMISSED WITHOUT PREJUDICE.
5. For the reasons given in the Report and Recommendation [DE 26], the Motion for a
Preliminary Injunction [DE 24] is DENIED.
6. The Clerk of the Court is instructed to CLOSE THIS CASE.

All deadlines are

TERMINATED, all hearings are CANCELLED, and all motions are DENIED AS
MOOT.
DONE AND ORDERED in Chambers, West Palm Beach, Florida, this 9th day of
October, 2020.
_______________________________
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE

Copies furnished to: Plaintiff, Counsel of Record

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