Burgess v. Palm Beach County Sheriff's Office

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-80494-CIV-SMITH
THOMAS BURGESS,
Plaintiff,
v.
DEPUTY WILLIAM ROTHMAN,
Defendant.
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ORDER AFFIRMING AND ADOPTING
REPORT AND RECOMMENDATION
This matter is before the Court upon the Magistrate Judge’s Report and Recommendation
[DE 53] on Defendant’s Motion to Dismiss [DE 47] and Plaintiff’s Objections [DE 57]. In his
thorough and well-reasoned Report and Recommendation, Magistrate Judge Reinhart recommends
that this case be DISMISSED with prejudice because the Plaintiff has had three opportunities to
advance a complaint that states a plausible claim for relief, and he has failed to do so. Furthermore,
any amendment would be futile, as the facts Plaintiff alleges cannot support a claim for any kind
of constitutional violation.
A 	district 	court 	may 	accept, 	reject, 	or 	modify 	a 	magistrate 	judge’s 	report 	and
recommendation. 	28 U.S.C. § 636(b)(1). 	Those portions of the report and recommendation to
which objections are made are accorded de novo review, if those objections “pinpoint the specific
findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir.
2009); see also Fed. R. Civ. P. 72(b)(3).
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The Court, having considered Judge Reinhart’s Report, Plaintiff’s objections thereto, and
having conducted a de novo review of the record, agrees with Judge Reinhart’s well-reasoned
analysis and his recommendation that this case be dismissed with prejudice.
Accordingly, it is
ORDERED that:
1. 	The Magistrate Judge’s Report and Recommendation to District Judge [DE 53] is
AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order.
2. 	Th Second Amended Complaint [DE 46] is DISMISSED with prejudice.
3. 	All pending motions not otherwise ruled upon are DENIED as moot.
4. 	This case is CLOSED.
DONE AND ORDERED in Fort Lauderdale, Florida on this 30th day of January 2026.
cc: 	counsel of record
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