REBECCA LYNN HARBER
v.
HALIFAX HEALTH MEDICAL CENTER, JILL WHEELOCK, JANE ALMY LOEWINGER, AND KRISTINA HOWARD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Rebecca Lynn Harber filed a federal civil lawsuit against Halifax Health Medical Center and three individuals. The district court adopted the magistrate judge's recommendation that the amended complaint was a shotgun pleading, granting defendants' motions to dismiss in part while allowing the plaintiff to file a second amended complaint.
The court adopted the magistrate judge's recommendation and found that Plaintiff's amended complaint is a shotgun pleading that fails to comply with pleading standards. Defendants' motions to dismiss were granted in part, dismissing the amended complaint, while being denied without prejudice in all other respects. Plaintiff was granted leave to file a second amended complaint by December 29, 2025.
[1] A court reviews a magistrate judge's report and recommendation de novo in the absence of an objection.
[2] A court may accept, reject, or modify a magistrate judge's report and recommendation in whole or in part.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Absent objection, the Court conducts a "careful and complete" review of the Report and Recommendation.”
Establishes the standard of review when no party objects to a magistrate judge's recommendation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Rebecca Lynn Harber filed an amended complaint against Halifax Health Medical Center, Jill Wheelock, Jane Almy Loewinger, and Kristina Howar…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clear Error Review cases and more on FLexlaw
THIS CAUSE is before the Court on Defendants' Motions to Dismiss (docs. # 27 and 36; the "Motions"). The Magistrate Judge recommended that the Court grant in part Defendants' Motions to Dismiss; dismiss Plaintiff's Amended Complaint (doc. # 16) as a shotgun pleading; permit plaintiff to file a second Amended Complaint; and deny without prejudice the Motions in all other respects. (Doc. # 57).
The fourteen-day deadline for objections to the recommendation has passed. No one objected. Absent objection, the Court conducts a “careful and complete” review of the Report and Recommendation. Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982) (per curiam) (quotation citation omitted). “Clear error” review applies to portions of the Report and Recommendation to which no objection is made. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006) (per curiam) (quotation citation omitted). Legal conclusions are reviewed de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). The
Court may accept, reject, or modify, in whole or in part, the Magistrate Judge's Report and Recommendation. 28 U.S.C. § 636(b)(1); Williams, 681 F. 2d at 732.
The Magistrate Judge, in a thorough and well-reasoned analysis, found that Plaintiff's amended complaint (doc. # 16) is a shotgun pleading. Having performed a de novo and independent review of the file, and for the sound reasons explained in the Report and Recommendation, this Court agrees.
Therefore, it is ORDERED and ADJUDGED that:
1. The Report and Recommendation, (doc # 57), is ADOPTED and made a part of this Order for all purposes.
2. Defendants' Motions to Dismiss (doc. # 27 and 36) are GRANTED in part.
3. Plaintiff's amended complaint is DISMISSED as a shotgun pleading (doc. # 16).
4. Defendants' Motions to Dismiss (doc. # 27 and 36) are DENIED without prejudice in all other respects.
5. Plaintiff is granted until December 29, 2025, to file a second amended complaint in compliance with this Order.
DONE and ORDERED in Orlando, Florida on December 17, 2025.
ANNE LEIGH GAYLORD MOE
UNITED STATES DISTRICT JUDGE
2
Copies furnished to:
Plaintiff, pro se
3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)