Rios v. Manatee County Board of County Commissioners
| Melinda Rios |
| Manatee County Board of County Commissioners |
| 8:2025cv01641 |
| June 24, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2026. A more recent docket listing may be available from PACER.
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Filing 27
MOTION for Miscellaneous Relief, specifically Relief from Judgment by Melinda Rios. (AA)
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Filing 26
MOTION for Extension of Time to File to File Notice of Appeal by Melinda Rios. (AA)
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Filing 25
MOTION to Proceed In Forma Pauperis by Melinda Rios. (AA) Motions referred to Magistrate Judge Natalie Hirt Adams.
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Filing 24
JUDGMENT this case is dismissed without prejudice. Signed by Deputy Clerk on 10/24/2025. (JDR)
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Filing 23
ENDORSED ORDER: The Court denies the plaintiff's motion for leave to accept untimely complaint (Doc. #20). The Court's previous order (Doc. 19) stated that the October 21, 2025, deadline would be strictly enforced absent extraordinary circumstances. The plaintiff fails to identify extraordinary circumstances. Because of the plaintiff's failure to comply with the Court's orders and her lack of diligence in prosecution of her claims, this case is DISMISSED without prejudice. The Clerk is directed to ENTER JUDGMENT, which shall read, "This case is dismissed without prejudice," to TERMINATE any pending deadlines and motions, and to CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 10/24/2025. (GTD)
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Filing 22
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Melinda Rios. (MCB) Motions referred to Magistrate Judge Natalie Hirt Adams.
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Filing 21
AMENDED COMPLAINT against Manatee County Board of County Commissioners with Jury Demand. filed by Melinda Rios.(MCB)
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Filing 20
MOTION for Leave to Accept Complaint for Filing Out of Time by Melinda Rios. (MCB)
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Filing 19
ENDORSED ORDER granting #18 Motion for Extension of Time. Plaintiff shall file her Second Amended Complaint on or before October 21, 2025. Given the amount of time Plaintiff has had to amend her complaint, the Court will not grant further extensions absent extraordinary circumstances and will strictly enforce the October 21, 2025 deadline. Should Plaintiff seek assistance in preparing her complaint, there are resources available on the Court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers, including links to legal referral services and legal aid programs, a manual for proceeding without a lawyer in this Court, and information about the Court's Legal Information Program. Signed by Magistrate Judge Natalie Hirt Adams on 9/18/2025. (CJF)
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Filing 18
MOTION for Extension of Time to Amend re 17 Order on Motion for Extension of Time to File, Order on Motion to Amend, by Melinda Rios. (AA)
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Filing 17
ENDORSED ORDER granting in part #16 Motion for Extension of Time. The Court extends the deadline for Plaintiff to amend her Complaint through September 19, 2025, giving her an additional month to complete her amendment. Plaintiff indicates she needs additional time due to the lengthiness of her Complaint and supporting exhibits; however, the Complaint shall be only a "short and plain statement" (see Federal Rule of Civil Procedure 8) and need not attach any exhibits (though it may, if Plaintiff wishes). The Court must review Plaintiff's Second Amended Complaint before it can decide whether Plaintiff can move forward in this litigation without pre-paying the filing fee. Signed by Magistrate Judge Natalie Hirt Adams on 8/26/2025. (CJF)
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Filing 16
MOTION for Extension of Time to File Second #5 Amended Complaint by Melinda Rios. (AM)
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Filing 15
ORDER granting in part and denying in part #13 Motion to Amend Complaint and for Miscellaneous Relief. See attached order for details. Signed by Magistrate Judge Natalie Hirt Adams on 7/28/2025. (RAP)
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Filing 14
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Melinda Rios. (eportal)(MCB) Motions referred to Magistrate Judge Natalie Hirt Adams.
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Filing 13
MOTION to Amend #5 Amended Complaint, Substitute Redacted Exhibits, Amend Case Caption and MOTION for Miscellaneous Relief, specifically to Extend Seal Under Local Rule 1.11(e) by Melinda Rios. (eportal) (Attachments: #1 Text of Proposed Order)(MCB)
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Filing 12
ORDER: Rios's construed Rule 60(b) Motion (Doc. #5) is GRANTED. The Clerk is directed to VACATE the judgment (Doc. #4) and REOPEN the case. Rios's amended complaint (Doc. #5) is the operative complaint. No later than August 1, 2025, Rios must pay the filing fee or move to proceed in forma pauperis. Signed by Judge Kathryn Kimball Mizelle on 7/18/2025. (BTM)
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Filing 11
ENDORSED ORDER directing clerk to terminate #8 Motion to Proceed In Forma Pauperis. A final judgment has been entered (Doc. 4), and Plaintiff presents no basis on which it can be disturbed under the Federal Rules; thus, any order on Plaintiff's motion would be "a nullity." Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 720-22 (11th Cir. 2020) (explaining a district court "surrendered jurisdiction" of an action when the parties failed to amend their complaints within the court's deadline and parties did not timely move to challenge or amend the judgment under Rule 59 or 60). This case remains closed. Signed by Magistrate Judge Natalie Hirt Adams on 7/16/2025. (CJF)
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Filing 10
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)
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Filing 9
STRICKEN, per Order #15, SUPPLEMENT of Email Filing re #5 Amended Complaint by Melinda Rios. (e-portal) (Attachments: #1 Email Exhibit) (JKB) Modified on 7/29/2025 (RN).
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Filing 8
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Melinda Rios. (eportal)(MCB) Motions referred to Magistrate Judge Natalie Hirt Adams.
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Filing 7
STRICKEN, per Order #15, SUPPLEMENT re #5 Amended Complaint by Melinda Rios. (eportal) (Attachments: #1 Exhibit, #2 Exhibit)(MCB) Modified on 7/29/2025 (RN).
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Filing 6
STRICKEN, per Order #15, SUPPLEMENT re #5 Amended Complaint by Melinda Rios. (eportal) (Attachments: #1 Exhibit, #2 Exhibit)(MCB) Modified on 7/29/2025 (RN).
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Filing 5
AMENDED COMPLAINT against Manatee County Board of County Commissioners with Jury Demand. filed by Melinda Rios.(eportal)(MCB)
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Filing 4
**VACATED per Order 12** JUDGMENT dismissing case without prejudice. ( Signed by Deputy Clerk) (LD) Modified on 7/21/2025 as to docket text (ARL).
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Filing 3
ENDORSED ORDER: A previous order dismissed the complaint without prejudice and provided the plaintiff with leave to amend no later than July 10, 2025. (Doc. 2). The order also directed the plaintiff to, no later than July 10, 2025, pay the full $405 filing fee or move to proceed in forma pauperis. See id. The deadline has passed, and the plaintiff has neither sought an extension nor filed an amended complaint. The plaintiff also failed to pay the filing fee or move to proceed in forma pauperis. As a result of the plaintiff's failure to seek an extension or file an amended complaint, 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 7/11/2025. (BTM)
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Filing 2
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015). Specifically, in each count, the plaintiff "realleges and incorporates" the preceding allegations, leading to a situation where counts II and III contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the plaintiff's complaint is DISMISSED without prejudice, and the plaintiff is granted leave to amend the complaint no later than July 10, 2025. The plaintiff must also, no later than July 10, 2025, pay the full $405 filing fee or move to proceed in forma pauperis. The failure to comply with this order will result in dismissal of this action without prejudice. Signed by Judge Kathryn Kimball Mizelle on 6/26/2025. (BTM)
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Filing 1
COMPLAINT against Manatee County Board of County Commissioners with Jury Demand filed by Melinda Rios. No IFP - Fee not paid. (eportal) (Attachments: # Exhibits 1-8 STRICKEN, per Order #15 (1) Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(GL) Modified on 7/29/2025 (RN).
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