Barnwell v. City of Saint Petersburg et al
| Ernisa Barnwell |
| City of Saint Petersburg, Cube Smart L.P., Cube Smart Management LLC, Cube Smart Self Storage, Officer K. Fields, Sergeant Jessica Sullivan, Officer Jeffrey Kokinda and Store Keeper Wendy Fretti |
| 8:2025cv01634 |
| June 24, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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This docket was last retrieved on August 1, 2025. A more recent docket listing may be available from PACER.
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Filing 10
ENDORSED ORDER: Because final judgment has been entered (Docs. 5 & #6) and the plaintiff presents no basis for setting aside that judgment, the Court lacks jurisdiction to consider the amended complaint (Doc. #9). See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 720 (11th Cir. 2020 Signed by Judge Kathryn Kimball Mizelle on 8/1/2025. (BTM)
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| Filing 9 AMENDED COMPLAINT against City of Saint Petersburg, Cube Smart L.P., Cube Smart Management LLC, Cube Smart Self Storage, K. Fields, Wendy Fretti, Jeffrey Kokinda, Jessica Sullivan filed by Ernisa Barnwell. Related document: #1 Complaint, filed by Ernisa Barnwell. (Note: Per Chambers.)(AA) |
| Filing 8 Tangible Item Received. USB by Ernisa Barnwell. Stored in the file room (AA) |
| Filing 7 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). (LD) |
| Filing 6 JUDGMENT dismissing this action without prejudice. ( Signed by Deputy Clerk) (LD) |
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Filing 5
ENDORSED ORDER: A previous order dismissed the complaint without prejudice and provided the plaintiff with leave to amend no later than July 14, 2025. (Doc. 3). The deadline has passed, and the plaintiff has neither sought an extension nor filed an amended complaint. As a result, the order dismissing the complaint has "become[] a final judgment." Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-720 (11th Cir. 2020). Accordingly, the plaintiff's action is DISMISSED WITHOUT PREJUDICE. The clerk is directed to enter judgment, which shall read "This case is dismissed without prejudice." The clerk is directed to CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 7/15/2025. (BTM)
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| Filing 4 SUPPLEMENT re #1 Complaint, by Ernisa Barnwell. (AA) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that the complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015). The complaint incorporates "conclusory, vague, and immaterial facts not obviously connected to any particular cause of action" and fails to "separat[e] into a different count each cause of action or claim for relief." Id. at 1322-23. The complaint also "assert[s] multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against." Id. at 1323. Accordingly, the complaint is DISMISSED, and the plaintiff is granted leave file an amended complaint no later than July 14, 2025. The failure to comply with this order will result in dismissal of this action without prejudice. Signed by Judge Kathryn Kimball Mizelle on 6/27/2025. (BTM)
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| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Ernisa Barnwell. (AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 1 COMPLAINT and Request for Injunction against City of Saint Petersburg, Cube Smart L.P., Cube Smart Management LLC, Cube Smart Self Storage, K. Fields, Wendy Fretti, Jeffrey Kokinda, Jessica Sullivan filed by Ernisa Barnwell. (Attachments: #1 Exhibit) (Note: Chambers has been notified.) (AA) Modified text on 6/26/2025 (AA). |
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