OQUENDO v. WHITE et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JUAN OQUENDO,
Plaintiff,
v. Case No. 3:25-cv-681-AW-HTC
CAPTAIN WHITE, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff, a pro se prisoner, sued multiple defendants over alleged excessive
force. He brings state and federal claims. There is a pending motion to dismiss that
raises, among other things, exhaustion. ECF No. 37. Plaintiff did not respond to the
motion.
In a thorough report and recommendation, the magistrate judge concludes the
court should dismiss the federal claims without prejudice for lack of exhaustion and
should decline to exercise supplemental jurisdiction over the remaining state-law
claims. ECF No. 49. Plaintiff has not filed any objection to the report and
recommendation.
After careful consideration, I now adopt the report and recommendation and
incorporate it into this order. The motion to dismiss (ECF No. 37) is GRANTED.
The clerk will enter a judgment that says, “Plaintiff’s claims are dismissed without
prejudice.” The clerk will then close the file.
Case 3:25-cv-00681-AW-HTC Document 50 Filed 04/10/26 Page 1 of 2

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SO ORDERED on April 10, 2026.
s/ Allen Winsor
Chief United States District Judge
Case 3:25-cv-00681-AW-HTC Document 50 Filed 04/10/26 Page 2 of 2