Dunning v. Cohen et al
Plaintiff: Walter T. Dunning
Defendant: Detective Cohen, Sergeant Harrison, Sergeant Carter, Sergeant Reitler and Sergeant Saboe
Case Number: 2:2025cv00796
Filed: September 3, 2025
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Douglas N Frazier
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 26, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2026 Filing 19 MOTION to Set Aside Judgment by Walter T. Dunning. (ABM)
February 11, 2026 Opinion or Order Filing 18 ENDORSED ORDER denying Plaintiff's Motion for Opinion and Order (Doc. #17). In the motion, Plaintiff simply rehashes his allegations and asks the Court not to grant Defendants' motion to dismiss. But there is no motion to dismiss pending, and the Court lacks jurisdiction to grant any prejudgment relief. (Doc. 15). Signed by Judge Sheri Polster Chappell on 2/11/2026. (JMM)
February 9, 2026 Filing 17 MOTION for Reconsideration re 15 Order, by Walter T. Dunning. (Attachments: #1 Mailing Envelope)(ABM)
February 3, 2026 Filing 16 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (LNR)
February 2, 2026 Opinion or Order Filing 15 ENDORSED ORDER. After the Court dismissed Plaintiff's complaint with leave to amend (Doc. #12), Plaintiff failed to timely file an amended complaint. As such, the Court's dismissal Order is a final, appealable Order; the Court has surrendered its jurisdiction; and the Court has no prejudgment power to grant any further extensions. See Hertz Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126, 1133 (11th Cir. 1994); see also Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 720 (11th Cir. 2020) (holding a court cannot grant an extension under Rule 6(b)(1)(B) after a plaintiff misses the deadline to amend). The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 2/2/2026. (JMM)
January 14, 2026 Filing 14 NOTICE of Lead Counsel Designation by Glenn Travis Cary on behalf of Carter, Cohen, Harrison, Reitler, Saboe. Lead Counsel: G. Travis Cary. (Cary, Glenn)
January 14, 2026 Filing 13 NOTICE TO COUNSEL Glenn Travis Cary of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (WLB)
January 13, 2026 Opinion or Order Filing 12 ORDERED: Defendants' Motion to Dismiss (Doc. #9) is GRANTED. Plaintiff's complaint is DISMISSED without prejudice. On or before January 27, 2026, Plaintiff may file an amended complaint. Failure to do so will cause the Court to dismiss this case without further notice. Signed by Judge Sheri Polster Chappell on 1/13/2026. (AEH)
January 2, 2026 Opinion or Order Filing 11 ENDORSED ORDER finding as moot #10 Motion to Oppose the Dismissal. In essence, Plaintiff is filing a response to #9 Motion to Dismiss and this filing will be construed as such. The Clerk is directed to amend the docket entry to indicate that this document is a response to #9 Motion to Dismiss. Signed by Magistrate Judge Douglas N. Frazier on 1/2/2026. (BRH)
December 31, 2025 Filing 10 RESPONSE to #9 Motion to Dismiss by Walter T. Dunning. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Douglas N. Frazier. Modified on 1/5/2026 to edit docket text per Order 11 (ELA).
December 19, 2025 Filing 9 MOTION to Dismiss for Failure to State a Claim by All Defendants. (Cary, Glenn)
October 22, 2025 Filing 8 WAIVER of service returned executed on 10/22/25 by Saboe, Carter, Harrison, Cohen, Reitler as to All Defendants. (Cary, Glenn)
September 29, 2025 Opinion or Order Filing 7 ORDER granting #6 Motion to Waive Marshal Service. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 9/29/2025. (brh)
September 22, 2025 Filing 6 MOTION for Miscellaneous Relief, specifically to Waive Marshal Service Filed by Plaintiff to Decline Assistance From the U.S. Marshal by Walter T. Dunning. (ABM) Motions referred to Magistrate Judge Douglas N. Frazier.
September 15, 2025 Filing 5 Case Reassigned to Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-0796-SPC-DNF. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (CTR)
September 8, 2025 Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 9/8/2025. (CGW)
September 5, 2025 Opinion or Order Filing 3 ORDER granting #2 Motion to Proceed In Forma Pauperis. The Clerk is directed to send Dunning five copies of the following forms: Notice of a Lawsuit and Request to Waive Service of a Summons, Waiver of the Service of Summons, Summons in a Civil Action, and United States Marshals Process Receipt and Return (Form-USM-285). Dunning must mail the completed forms to the Clerk's Office within 30 days of the date of this Order. Signed by Magistrate Judge Kyle C. Dudek on 9/5/2025. (Dudek, Kyle)
September 3, 2025 Filing 2 MOTION to Proceed In Forma Pauperis by Walter T. Dunning. (ABM) Motions referred to Magistrate Judge Kyle C. Dudek.
September 3, 2025 Filing 1 COMPLAINT against All Defendants with Jury Demand filed by Walter T. Dunning.(ABM)

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Plaintiff: Walter T. Dunning
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Defendant: Detective Cohen
Represented By: Glenn Travis Cary
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Defendant: Sergeant Harrison
Represented By: Glenn Travis Cary
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Defendant: Sergeant Carter
Represented By: Glenn Travis Cary
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Defendant: Sergeant Reitler
Represented By: Glenn Travis Cary
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Defendant: Sergeant Saboe
Represented By: Glenn Travis Cary
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