Elmore v. City of Tampa, Florida
| Matthew Robert Elmore |
| City of Tampa, Florida |
| 8:2026cv01621 |
| June 4, 2026 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 25, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| 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). (LAW) |
| Filing 6 JUDGMENT dismissing this case without prejudice. ( Signed by Deputy Clerk) (LAW) |
Filing 5
ENDORSED ORDER dismissing action without prejudice because the earlier Order 3 striking 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, 719-22 (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)). The Clerk is directed to ENTER JUDGMENT, which shall read "This action is dismissed without prejudice," TERMINATE any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 6/25/2026. (PBH)
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| Filing 4 NOTICE to Matthew Robert Elmore - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers. (LAW) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that the plaintiff's complaint (Doc. #1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, plaintiff's complaint contains "conclusory, vague, and immaterial facts not obviously connected to any particular cause of action." See id. at 1321-22. Additionally, although the plaintiff purports to invoke federal question jurisdiction, he lists no federal statute or constitutional provision related to his claim that "[t]he city doesn't supply enough restrooms anywhere." (Doc. #1) at 4. Further, Federal Rule of Civil Procedure 8(a) requires that a complaint include "a short and plain statement of the claim showing that the pleader is entitled to relief." The claims should also be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). Plaintiff's complaint satisfies neither requirement. Accordingly, the plaintiff's complaint is DISMISSED without prejudice, and the #2 Motion to Proceed In Forma Pauperis is DENIED as moot. The plaintiff is granted leave to file an amended complaint no later than June 22, 2026. If plaintiff files an amended complaint, he must either pay the filing fee or file a motion to proceed in forma pauperis. Signed by Judge Kathryn Kimball Mizelle on 6/5/2026. (PBH)
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| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Matthew Robert Elmore. (EGP) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 1 COMPLAINT against City of Tampa, Florida filed by Matthew Robert Elmore. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(EGP) |
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| Plaintiff: Matthew Robert Elmore | |
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| Defendant: City of Tampa, Florida | |
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