Opinion

WALDE v. BROWN

Court
District Court, N.D. Florida
Filed
Jul 11, 2022
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

PAUL DONOVAN WALDE,

Plaintiff,

v. Case No. 1:21-cv-124-AW-GRJ

WARREN BROWN and

LEAH HAYES,

Defendants.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

AND DISMISSING CLAIMS WITH PREJUDICE

This case is back before me on a second motion to dismiss. This is a § 1983

case, in which Plaintiff Paul Donovan Walde alleges that the defendants—two

Gainesville Police Department Officers—wrongfully arrested him. Earlier, I

adopted the magistrate judge’s first Report and Recommendation, granted

defendants’ motion to dismiss, and gave Walde leave to amend. ECF No. 22. The

officers again moved to dismiss, the magistrate judge again recommends dismissal,

and I again agree with the magistrate judge.

I have considered de novo Walde’s objections, ECF No. 26, which I overrule.

As the officers and the magistrate judge correctly set out, Walde has not alleged facts

to support a claim. In response, Walde contends he could better frame his complaint

if he had access to discovery, which he has unsuccessfully sought. But Walde’s

speculation about what discovery might show does not provide a basis to deny the

motion to dismiss. Because Walde has not stated a claim, he is not entitled to

discovery. See Ashcroft v. Iqbal, 556 U.S. 662, 686 (2009).

Walde provided some additional facts in his objections. The problem, of

course, is that he has not pleaded sufficient facts, and he cannot cure that by adding

facts through his objections. But even if the facts in his objections were in his

complaint, the result would be the same: Walde has not stated a claim.

Last, I decline to stay the matter pending mediation, notwithstanding Walde’s

request. Defendants are entitled to dismissal. And because Walde has already been

afforded an opportunity to amend, this dismissal will be with prejudice.

The Report and Recommendation (ECF No. 25) is ADOPTED and

incorporated into this order. The motion to dismiss (ECF No. 23) is GRANTED, and

Walde’s claims are dismissed with prejudice. The clerk will enter a judgment that

says, “Plaintiff’s claims are dismissed with prejudice for failure to state a claim.”

The clerk will then close the file.

SO ORDERED on July 11, 2022.

s/ Allen Winsor

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.