HOUSTON v. MARK DUNNING INDUSTRIES INC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FARHEEM HOUSTON,
Plaintiff,
v. Case No. 3:25-cv-1338-TKW-HTC
MARK DUNNING INDUSTRIES, INC.,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 27) and Plaintiff’s objections (Doc.28). The Court reviewed
the issues raised in the objection de novo under 28 U.S.C.§636(b)(1) and Fed. R.
Civ P. 72(b)(3), and based on that review, the Court agrees with the magistrate
judge’s determination that this case should be dismissed for failure to state a
plausible claim for relief. The Court also agrees that the dismissal should be with
prejudice because Plaintiff has already been given an opportunity to amend his
claims, and under the circumstances, there is no reason to believe that a second
amended complaint would fare any better than the original or amended complaints.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
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2. Defendant’s motion to dismiss (Doc. 24) is GRANTED, and this case
is DISMISSED with prejudice for failure to state a claim upon which relief can be
granted.
3. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 20th day of April, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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