HANER v. HOMMINGA

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANTIONIO AUTSTIN HANER, JR.,
Plaintiff,
v. Case No. 3:25-cv-2394-TKW-ZCB
ANNA MARIE HOMMINGA,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 13) and Plaintiff’s objections (Doc. 14). 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 lack of
subject matter jurisdiction.1
The Court did not overlook Plaintiff’s motion for leave to file an amended
complaint, but the proposed amended complaint (Doc. 15-1) attached to the motion
suffers from the same fundamental flaw as the original complaint: it fails to plausibly
1 This does not leave Plaintiff without a remedy because he can file suit against Defendant
in state court and assert any claims that he might have against her under Florida law. The Court
expresses no view as to whether he has any viable claims or whether he should file such a suit.
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allege that Defendant was acting as in her capacity as a correctional officer when
she engaged in the conduct on which Plaintiff’s claims are based. The fact that
Defendant allegedly told law enforcement that she was a correctional officer when
she made the allegedly false report does not change the fact that the report arose out
of her personal relationship with Plaintiff, not her work as a correctional officer.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. This case is DISMISSED without prejudice for lack of subject matter
jurisdiction.
3. Plaintiff’s motion for leave to file an amended complaint (Doc. 15) is
DENIED because the proposed amendment is futile. See Cockrell v. Sparks, 510
F.3d 1307, 1310 (11th Cir. 2007) (explaining that an amendment would be futile
when “the complaint as amended would still be properly dismissed”).
4. All other pending motions are DENIED as moot.
5. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 16th day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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