# Durrenberger

> District Court, S.D. Florida · April 16, 2026

URL: https://www.frixlaw.com/law-library/cases/11321984

## Case

- **Full name:** Eric Phillip Durrenberger v. Florida International University Board of Trustees, et al.
- **Court:** District Court, S.D. Florida
- **Decided:** April 16, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11321984. Public record. Not legal advice.