Young v. Allister TFL LLC
| Nickolas Young |
| Allister TFL LLC |
| 8:2023cv01806 |
| August 11, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Julie S Sneed |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
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Filing 6
ENDORSED ORDER dismissing action without prejudice because the Court's prior Order #3 dismissing the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-722 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint." (citations omitted)). Plaintiff has also failed to maintain an updated and viable address with the Court, warranting dismissal without prejudice for failure to prosecute. See Fed. R. Civ. Pro. 11(a), 41(b). This case cannot proceed if Plaintiff is unreachable. See Gilbert v. Daniels, 725 F. App'x 789, 793 (11th Cir. 2018) (affirming dismissal of a case when the plaintiff was mailed a copy of an order dismissing complaint and providing a deadline to amend, that mailing was returned undeliverable, and the plaintiff failed to timely file an amended complaint). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 9/29/2023. (ALE)
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Filing 4
ENDORSED ORDER: The Court entered an #3 Order dismissing Plaintiff's Complaint without prejudice and instructing Plaintiff that any amended complaint must be filed by September 1, 2023. It appears that Plaintiff was never mailed a copy of that Order. Accordingly, the Court sua sponte extends Plaintiff's deadline to amend his complaint to September 27, 2023. Signed by Judge Kathryn Kimball Mizelle on 9/6/2023. (ALE)
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Filing 3
ORDER denying without prejudice #2 Motion to Proceed In Forma Pauperis; dismissing without prejudice Complaint #1. Plaintiff may amend his complaint by September 1, 2023. Signed by Judge Kathryn Kimball Mizelle on 8/11/2023. (MEV)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Nickolas Young. (KME) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 1 COMPLAINT re: Emergency Stay against Allister TFL LLC filed by Nickolas Young.(KME) Chambers notified of Emergency. Modified text on 8/14/2023 (KME). |
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| Plaintiff: Nickolas Young | |
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| Defendant: Allister TFL LLC | |
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