DELICES v. CUMMINS

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
VILES DELICES,
Plaintiff,
v. 	Case No.: 3:25cv2483-MW/HTC
KENDRIC CUMMINS,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge’s Report
and Recommendation. ECF No. 14. The Magistrate Judge recommends dismissal of
this action without prejudice because Plaintiff fails to state a claim for First
Amendment retaliation and, as such, there is no basis to exercise supplemental
jurisdiction over his remaining state law claims. Accordingly, upon consideration,
no objections having been filed by the parties,
IT IS ORDERED:
The report and recommendation, ECF No. 14, is accepted and adopted as
this Court’s opinion. The Clerk shall enter judgment stating, “This action is
DISMISSED 	without 	prejudice. 	Plaintiff 	failed 	to 	state 	a 	claim 	for 	First
Amendment 	retaliation. 	This 	Court 	declines 	to 	exercise 	supplemental
Case 3:25-cv-02483-MW-HTC Document 18 Filed 04/08/26 Page 1 of 2

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jurisdiction over Plaintiff’s remaining state law claims.” The Clerk shall close the
file.
SO ORDERED on April 8, 2026.
s/Mark E. Walker 	_
United States District Judge
Case 3:25-cv-02483-MW-HTC Document 18 Filed 04/08/26 Page 2 of 2