THOMAS
v.
REID
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In this § 1983 civil rights case, the district court adopted the magistrate judge's recommendation and dismissed plaintiff's claims for failure to state a plausible cause of action. The court found that plaintiff failed to allege facts showing defendants acted under color of state law, a required element of § 1983 claims.
A default judgment cannot issue when the complaint fails to allege a plausible claim. Default judgment operates analogously to a reverse motion to dismiss for failure to state a claim, and plaintiff's § 1983 claim is deficient because it lacks allegations that defendants acted under color of state law.
“default judgment is like a reverse motion to dismiss for failure to state a claim”
Establishes the standard that even in default situations, the complaint must plead a plausible claim
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Join FLexlaw to unlock all legal intelligenceDefendants were served with the complaint but failed to respond. Plaintiff obtained a clerk's default and moved for default judgment. The complaint as…
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Pending before the court is the magistrate judge's July 1, 2024 report and recommendation. ECF No. 21. Plaintiff has submitted objections (ECF No. 22), and I have considered the matter de novo. I now adopt the report and recommendation and incorporate it into this order.
Defendants were served and did not respond to the complaint. Plaintiff secured a clerk's default and moved for default judgment. The problem is that Plaintiff has not alleged any plausible claim, so no default judgment can issue. See Surtain v. Hamlin Terrace Found., 789 F. 3d 1239, 1245 (11th Cir. 2015) (noting that a "default judgment is like a reverse motion to dismiss for failure to state a claim"). As the magistrate judge explained, Plaintiff presents a § 1983 claim but has not alleged facts showing that Defendants acted under color of state law. In the objections, Plaintiff insists there was a plausible claim, but Plaintiff never shows any
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indication that any Defendant acted under color of state law. Thus, no amendment could cure the deficiency. Dismissal is appropriate.
The clerk will enter judgment that says, “Plaintiff's claims are dismissed on the merits for failure to state a claim.” The clerk will then close the file.
SO ORDERED on July 19, 2024.
s/ Allen Winsor United States District Judge
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