Eric Phillip Durrenberger v. Florida International University Board of...

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1:25-cv-25316-DPG ERIC PHILLIP DURRENBERGER, Plaintiff, v. FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, et al., Defendants. ______________________________/

ORDER THIS CAUSE comes before the Court upon the Report and Recommendation of Magistrate Judge Lisette M. Reid (the “Report”). [ECF No. 11]. On February 12, 2026, Judge Reid issued a combined (1) Order granting Plaintiff Eric Phillip Durrenberger’s Motion for Leave to Proceed in forma pauperis and (2) the Report which recommends that Plaintiff’s Complaint be dismissed without prejudice. Id. Neither party objected to the Report.

A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1)(C). The objected portions of the report and recommendation 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). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). As there are no objections to the Report, the Court reviewed the Report for clear error. Finding no clear error, the Court agrees with Judge Reid’s well-reasoned analysis and conclusion that Plaintiff's Complaint should be dismissed without prejudice.

CONCLUSION Therefore, it is ORDERED AND ADJUDGED as follows: (1) The Report and Recommendation, [ECF No. 1], is ADOPTED in full. (2) The Complaint is DISMISSED without prejudice. (3) Plaintiff shall file an amended complaint within twenty (20) days of this Order. (4) This case is ADMINISTRATIVELY CLOSED pending the filing of an amended complaint.

DONE AND ORDERED in Chambers at Miami, Florida, this 15th day of April 2026.

DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE