MARIAH LYNN WHYNOT, by and through CARRIE SHURTLEFF as Next Friend v. THE HONORABLE PAMELA A.M. CAMPBELL, TERRI LEE ST. HILAIRE, NICOLAS STEPHEN ROBINSON, ESQ., ROBERT CHARLES THOMPSON, JR., ESQ., JOSEPH MICHAEL MURPHY, ESQ.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MARIAH LYNN WHYNOT, by and through CARRIE SHURTLEFF as Next Friend,

Plaintiff,

v. Case No: 8:26-cv-01143-JLB-SPF

THE HONORABLE PAMELA A.M. CAMPBELL, TERRI LEE ST. HILAIRE, NICOLAS STEPHEN ROBINSON, ESQ., ROBERT CHARLES THOMPSON, JR., ESQ., JOSEPH MICHAEL MURPHY, ESQ.,

Defendants. / ORDER The Magistrate Judge has entered a Report and Recommendation (Doc. 7), recommending that Plaintiff’s Complaint be dismissed and Motion to Proceed In Forma Pauperis denied. No party has objected, and the time to do so has expired. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). The district judge must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. Here, after an independent review of the entire record and noting that no objection has been filed, the Court finds that the thorough and well-reasoned Report and Recommendation is due to be adopted in part to the extent that the claims against Defendant Judge Pamela A.M. Campbell are dismissed with prejudice and the remaining claims are dismissed without prejudice. Cichowski v. Totten, No. 24- 10195, 2024 WL 2182487, at *2 (11th Cir. May 15, 2024) (affirming the district

court’s dismissal of claims against a judge with prejudice where the judge was entitled to absolute judicial immunity); Stalley ex rel. U.S. v. Orlando Reg’l Healthcare Sys., Inc., 524 F.3d 1229, 1232 (11th Cir. 2008) (“A dismissal for lack of subject matter jurisdiction is not a judgment on the merits and is entered without prejudice.”); Cone Corp. v. Fla. Dep’t of Transp., 921 F.2d 1190, 1203 (11th Cir. 1991) (“[A] dismissal for lack of standing has the same effect as a dismissal for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).”).

—Rest of page intentionally left blank— Accordingly, itis ORDERED that: 1. The Report and Recommendation (Doc. 7) is ADOPTED in part. 2. Plaintiffs claims against Judge Pamela A.M. Campbell are DISMISSED with prejudice. 3. The remaining claims in Plaintiffs Complaint (Doc. 1) are DISMISSED without prejudice. 4. Plaintiff's Motion to Proceed In Forma Pauperis is DENIED as moot. 5. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file. ORDERED in Tampa, Florida, on May 19, 2026.

JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE