LLOYD v. MCCLOUD et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
MICHAEL O. LLOYD,
Plaintiff,
v. Case No. 5:25-cv-304-AW-MJF
MCCLOUD, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Having carefully considered the matter, I now adopt the report and
recommendation (ECF No. 19) and incorporate it into this order. Plaintiff’s claims
are official-capacity claims against state officials, meaning they are essentially
claims against the state. These claims are for retrospective relief only, so they are
barred by the Eleventh Amendment, and dismissal is thus appropriate. See 28 U.S.C.
§§ 1915(e)(2)(iii) (“[T]he court shall dismiss the case at any time if the court
determines that . . . the action . . . seeks monetary relief against a defendant who is
immune from such relief.”).
In his objections, which I have considered de novo, Lloyd says he was
confused about the individual- versus official-capacity claims. ECF No. 24. But the
magistrate judge explained it clearly in an earlier order and provided Lloyd an
opportunity to amend. See ECF No. 12 at 3 (“Thus, Plaintiff is barred from seeking
damages from the Defendants in their official capacities. . . . If Plaintiff elects to
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file a second amended complaint, he should not assert a section 1983 official-
capacity claim for damages against an employee or officer of the State of
Florida.” (bold in original)). Plaintiff nonetheless elected to pursue solely official-
capacity claims. Under these circumstances, and recognizing the multiple
opportunities to replead, dismissal is appropriate.
The clerk will enter a judgment that says, “This case is dismissed without
prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(iii).” The clerk will then close the
file.1
SO ORDERED on April 20, 2026.
s/ Allen Winsor
Chief United States District Judge
1 Lloyd styled his objections to the report and recommendation as a “notice of
appeal.” ECF No. 24. A report and recommendation is a nonfinal order not subject
to appeal to the Eleventh Circuit. Today’s order is a final order. If Lloyd wishes to
appeal, he must file a notice of appeal directed at this order.
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