Jonathan D. Hart v. Elaine A. Carbuccia

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 25-60335-CIV-SMITH

JONATHAN D. HART,

Plaintiff,

v.

ELAINE A. CARBUCCIA,

Defendant. ______________________________________/

ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the Magistrate Judge’s Report and Recommendation [DE 32] on Defendant’s Motion to Dismiss [DE 12] and Plaintiff’s Objections [DE 33]. In his thorough and well-reasoned Report and Recommendation, Magistrate Judge Hunt recommends that this case be DISMISSED with prejudice because Defendant is entitled to judicial immunity. Further, Plaintiff has been provided with multiple opportunities to amend and further amendment would be futile given the Court’s finding of judicial immunity. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made 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). The Court, having considered Judge Hunt’s Report, Plaintiff’s objections thereto, and having conducted a de novo review of the record, agrees with Judge Hunt’s well-reasoned analysis and his recommendation that this case be dismissed with prejudice. Accordingly, it is ORDERED that: 1. The Magistrate Judge’s Report and Recommendation to District Judge [DE 32] is AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order. 2. Th Second Amended Complaint [DE 10] is DISMISSED with prejudice. 3. All pending motions not otherwise ruled upon are DENIED as moot. 4. This case is CLOSED. DONE AND ORDERED in Fort Lauderdale, Florida on this 6th day of February 2026.

RODNEY SMITH UNITED STATES DISTRICT JUDGE

ce: counsel of record