MILLS v. BLUTH

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Case No. 1:26cv45-RH-MJF
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ANTHONY MILLS,
Plaintiff,
v. 	CASE NO. 1:26cv45-RH-MJF
ARLENE BLUTH,
Defendant.
________________________________/
ORDER DISMISSING THE COMPLAINT
AND GRANTING LEAVE TO AMEND
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 5. No objections have been filed. The opportunity to
file objections afforded the plaintiff an opportunity to be heard on the issues raised
in the report and recommendation, thus affording the plaintiff due process. The
plaintiff has not requested an opportunity to amend and has not offered any
explanation for the obvious insufficiency of the complaint or for the filing of
duplicative complaints in multiple districts, all devoid of factual allegations
suggesting any basis for a claim.
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Case No. 1:26cv45-RH-MJF
A dismissal for failure to state a claim ordinarily should be with prejudice.
The report and recommendation concludes that should be the result here. The
United States Court of Appeals for the Eleventh Circuit has said a plaintiff whose
complaint is deficient should ordinarily get at least one opportunity to amend. See,
e.g., Troville v. Venz, 303 F.3d 1256, 1260 n.5 (11th Cir. 2002); Woldeab v. Dekalb
Cnty. Bd. of Educ., 885 F.3d 1289 (11th Cir. 2018). But the deficiencies in this
complaint are so pronounced that dismissal with prejudice would be appropriate at
this time. Even so, this order gives the plaintiff one more chance.
IT IS ORDERED:
1. The report and recommendation is accepted in part and adopted as the
court’s further opinion.
2. The plaintiff may file an amended complaint by April 7, 2026.
3. The clerk must refer any amended complaint directly to me, not to the
magistrate judge, and must refer the file to me if the plaintiff fails to file a timely
amended complaint.
SO ORDERED on March 25, 2026.
s/Robert L. Hinkle
United States District Judge
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