Opinion

Durrenberger

Court: District Court, S.D. Florida
Filed: Apr 16, 2026
Cited by: 0 cases
Authority: More cited than 40.5%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:25-cv-25316-DPG

ERIC PHILLIP DURRENBERGER,

Plaintiff,

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

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