Summary
This order adopts a Magistrate Judge’s Memorandum and Recommendation in a civil rights action brought under 42 U.S.C. § 1983. The court dismisses claims against Duval County and officials in their official capacities without prejudice, retains a Fourteenth Amendment due process claim regarding unlawful detention, and dismisses remaining individual capacity claims with prejudice as frivolous or failing to state a claim. No objections were filed to the magistrate’s report.
Topics
Practice areas
Questions Presented
- Whether the magistrate's memorandum is clearly erroneous or contrary to law
- Whether the plaintiff's Fourteenth Amendment due process claim against Sheriff Ramirez should be retained
Holdings
- The magistrate's memorandum is not clearly erroneous; the court adopts it in its entirety.
- The Fourteenth Amendment due process claim against Sheriff Ramirez is retained; all other claims are dismissed.
Key quotations
“When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law.” (at 1)
Factual background
Plaintiff Roberto Salinas alleged that Sheriff Romeo R. Ramirez unlawfully detained him after he was granted bail on June 17, 2024, giving rise to a Fourteenth Amendment due process claim and related §1983 claims.
Procedural history
Magistrate Judge Julie Hampton recommended dismissal of several claims. No objection was filed. The district court reviewed the memorandum under the "clearly erroneous" standard and adopted it in full.