HALES v. PRESTON et al

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Case No. 1:25cv58-RH-ZCB
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JEREMY B. HALES,
Plaintiff,
v. 	CASE NO. 1:25cv58-RH-ZCB
RICHARD LUTHMANN, JR. et al.,
Defendants.
________________________________/
ORDER DISMISSING THE CLAIM
AGAINST MR. LUTHMANN
The defendant Richard Luthmann, Jr. has moved to dismiss count 2 of the
third amended complaint—the only count that alleges a claim against him. The
motion is before the court on the magistrate judge’s report and recommendation,
ECF No. 237. No objections have been filed.
Because a pending lawsuit sometimes affects a defendant’s ability to obtain
credit or has other unwarranted effects, I expressly determine that there is no just
reason for delay and direct the clerk to enter judgment under Federal Rule of Civil
Procedure 54(b) as provided below.
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Case No. 1:25cv58-RH-ZCB
IT IS ORDERED:
1. The report and recommendation is accepted and adopted as the court’s
opinion.
2. Mr. Luthmann’s motion to dismiss, ECF No. 198, is granted.
3. The claim against Mr. Luthmann is dismissed with prejudice for failure to
state a claim on which relief can be granted.
4. The clerk must enter judgment stating, “This judgment is entered under
Federal Rule of Civil Procedure 54(b). It is adjudged that the plaintiff Jeremy B.
Hales’s claim against the defendant Richard Luthmann, Jr. is dismissed on the
merits with prejudice for failure to state a claim on which relief can be granted.”
5. The case is remanded to the magistrate judge for further proceedings on
the claims against the other defendant.
SO ORDERED on October 4, 2026.
s/Robert L. Hinkle
United States District Judge
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