SOUTHERN DISTR ICT OF FLORIDA CASE NO. 25-80494-CIV-SMITH

THOMAS BURGESS,

Plaintiff, v.

DEPUTY WILLIAM ROTHMAN,

Defendant. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

This matter is before the Court upon the Report and Recommendation (the “Report”) of the Honorable, Bruce E. Reinhart U.S. Magistrate Judge, on Plaintiff’s Amended Complaint [DE 16] and Defendant’s Motion to Dismiss [DE 23]. In his thorough and well-reasoned Report, Judge Reinhart recommends that Defendant’s Motion to Dismiss be granted with leave to amend. Plaintiff filed objections to the Report, however, he agrees that a second amended complaint can cure all defects. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

(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,

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). The Court, having considered Judge Reinhart’s Report, Petitioner’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 the Amended Complaint be dismissed for failure to state a claim. Accordingly, it is ORDERED that: 2) Defendant’s Motion to Dismiss [DE 23] is GRANTED. 3) Plaintiff's Amended Complaint [DE 16] is DISMISSED. Plaintiff may file a second amended complaint as one final attempt to sufficiently plead his claims by December 19, 2025. Failure to file an amended complaint that complies with this Order and the Federal Rules of Civil Procedure, including Federal Rule of Civil Procedure 11, shall result in the dismissal of this case.! DONE and ORDERED in Fort Lauderdale, Florida, this 5th day of December, 2025.

RODNEY SMITH UNITED STATES DISTRICT JUDGE cc: All counsel of record

Tt appears that Plaintiff has already filed a Second Amended Complaint, before the Court granted leave to amend IDE 44]. The Court will accent Plaintiff?s Second Amended Complaint: however. this Court’s instruction that it must