Young et al v. The City of Sebring
Filing
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ORDER granting 5 Motion to Dismiss; Adopting 15 Report and Recommendation. Closing Case. Signed by Judge K. Michael Moore on 1/28/2025. See attached document for full details. (gbn)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 24-cv-14371-KMM
STEPHEN PATRICK YOUNG and
JACK YOUNG,
Plaintiffs,
v.
THE CITY OF SEBRING,
Defendant.
/
ORDER
THIS CAUSE came before the Court upon the Report and Recommendation of the
Honorable Ryon M. McCabe, United States Magistrate Judge. (“R&R”) (ECF No. 15). The matter
was referred to Magistrate Judge McCabe, pursuant to 28 U.S.C. § 636 and the Magistrate Judge
Rules of the Local Rules of the Southern District of Florida, to take all necessary and proper action
as required by law regarding all pre-trial, non-dispositive matters and for a Report and
Recommendation on any dispositive matters. (ECF No. 4). Magistrate Judge McCabe issued an
R&R, recommending that Defendant’s Motion to Dismiss (“Motion”) (ECF No. 5) be GRANTED
and Plaintiffs’ Complaint (ECF No. 1) be DISMISSED without prejudice. Neither Defendant nor
Plaintiff objected to the R&R. (ECF No. 16). The matter is now ripe for review. As set forth
below, the Court ADOPTS the R&R.
The Court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
The Court “must determine de novo any part of the magistrate judge’s disposition that has been
properly objected to.” Fed. R. Civ. P. 72(b)(3). A de novo review is therefore required if a party
files “a proper, specific objection” to a factual finding contained in the report. Macort v. Prem,
Inc., 208 F. App’x 781, 784 (11th Cir. 2006). “It is critical that the objection be sufficiently
specific and not a general objection to the report” to warrant de novo review. Id.
Yet when a party has failed to object or has not properly objected to the magistrate judge’s
findings, “the court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.” See Keaton v. United States, No. 14-21230-CIV, 2015 WL
12780912, at *1 (S.D. Fla. May 4, 2015); see also Lopez v. Berryhill, No. 17-CV-24263, 2019 WL
2254704, at *2 (S.D. Fla. Feb. 26, 2019) (stating that a district judge “evaluate[s] portions of the
R & R not objected to under a clearly erroneous standard of review” (citing Davis v. Apfel, 93 F.
Supp. 2d 1313, 1317 (M.D. Fla. 2000))).
This is a pro se civil rights case against Defendant, the City of Sebring. See (ECF No. 1).
Defendant seeks dismissal of all claims pursuant to Federal Rule of Civil Procedure 12(b)(6). See
generally (ECF No. 5). Plaintiffs failed to respond to the Motion and Magistrate Judge McCabe
sua sponte extended the deadline and cautioned that failure to respond may result in the Motion
being granted by default pursuant to Local Rule 7.1(c). See (ECF No. 7); see also Jones v. Bank
of Am., N.A., 564 F. App’x 432, 434 (11th Cir. 2014) (“[A] party’s failure to respond to any portion
or claim in a motion indicates such portion, claim or defense is unopposed.”). Now, Magistrate
Judge McCabe recommends that given Plaintiffs did not timely respond to the Motion within the
time allotted, the Motion should be granted by default, the Complaint should be dismissed and
Plaintiffs should be given an opportunity to re-plead their claims through an Amended Complaint.
See R&R at 2.
The Court received no objections to the aforementioned findings in the R&R. Upon a
review of the record, the Court finds no clear error with Magistrate Judge McCabe’s findings that
the case should be dismissed without prejudice.
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I.
CONCLUSION
Accordingly, UPON CONSIDERATION of the R&R, the Motion, the pertinent portions
of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND
ADJUDGED that the R&R (ECF No. 15) is ADOPTED. Defendant’s Motion to Dismiss is
GRANTED. Plaintiffs’ Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE. Plaintiffs
may file an Amended Complaint no later than February 18, 2025.
DONE AND ORDERED in Chambers at Miami, Florida, this ______
27th day of January,
2025.
K. MICHAEL MOORE
UNITED STATES DISTRICT JUDGE
c: All counsel of record
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