TALMADGE v. MCCRAY et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DALVEN TALMADGE,
Plaintiff,
v. 	Case No.: 5:25cv336-MW/MJF
D. MCCRAY, et al.,
Defendants.
_________________________/
ORDER VACATING ORDER AND JUDGMENT, CONSIDERING
OBJECTIONS, AND ADOPTING REPORT AND RECOMMENDATION
This 	Court 	previously 	adopted 	the 	Magistrate 	Judge’s 	report 	and
recommendation after considering Plaintiff’s objections. ECF No. 13. On February
26, 2026, however, this Court received Plaintiff’s additional objections, which he
submitted for mailing on the day they were due. See ECF No. 15. Accordingly, this
Court directs the Clerk is directed to VACATE this Court’s order, ECF No. 13, and
the judgment, ECF No. 14, so that this Court can consider Plaintiff’s additional
objections.
Having considered Plaintiff’s additional objections, ECF No. 15, de novo, this
Court is not persuaded that they change anything with respect to Plaintiff’s failure
to allege a claim. Plaintiff’s contention that the Magistrate Judge failed to address
his damages claims against Defendants in their individual capacities fails to address
his failure to otherwise state a claim under the Fourteenth Amendment. Accordingly,
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this Court again accepts and adopts the report and recommendation, ECF No. 6, as
this Court’s opinion, over Plaintiff’s objections, ECF Nos. 12 and 15. The Clerk
shall enter judgment stating, “This action is DISMISSED with prejudice pursuant
to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).” The Clerk shall close the file.
SO ORDERED on February 26, 2026.
s/Mark E. Walker
United States District Judge
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