ATKINS v. WALMART et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ASHLEY ATKINS,
Plaintiff,
v. Case No. 3:26-cv-735-TKW-ZCB
WALMART, et al.,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (R&R) (Doc. 14) and Plaintiff’s objections (Doc. 15). The Court
reviewed the issues raised in the objections 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 the federal claims asserted by Plaintiff do not
state a plausible claim for relief and that the Court should not exercise supplemental
jurisdiction over the state law claims.
The Court did not overlook Plaintiff’s motion for leave to file an amended
complaint (Doc. 17), but Plaintiff has already been afforded multiple opportunities
to file a legally sufficient complaint and leave to amend can be denied when further
amendment would be futile. “Leave to amend a complaint is futile when the
complaint as amended would still be properly dismissed or be immediately subject
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to summary judgment for the defendant.” Cockrell v. Sparks, 510 F.3d 1307, 1310
(11th Cir. 2007). That is the case here because the proposed fourth amended
complaint attached to the motion (Doc. 17-1) would be subject to dismissal for
essentially the same reasons that the R&R recommended dismissal of the third
amended complaint.
Accordingly, it is ORDERED that:
1. The magistrate judge’s R&R is adopted and incorporated by reference
in this Order.
2. The federal claims are DISMISSED with prejudice under 28 U.S.C.
§1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted.
3. The state law claims are DISMISSED without prejudice under 28
U.S.C. §1367(c)(3).
4. Plaintiff’s motion for leave to file a fourth amended complaint (Doc.
17) is DENIED.
5. Plaintiff’s motion for leave to exceed page limits (Doc. 16) is DENIED
as MOOT.
6. The Clerk shall enter judgment in accordance with this Order and close
the case file.
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DONE AND ORDERED this 27th day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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