Smith v. Piazza
Smith v. Piazza
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
WALTER C. SMITH, Plaintiff,
v. Case No: 8:22-cv-731-KKM-AAS FRANK PIAZZA et al., Defendant.
ORDER On July 7, 2022, the Court entered an Order, (Doc. 14), striking Walter Smith’s Complaint in accordance with
28 U.S.C. § 1915(e)(2). The Court directed Smith to file a
new complaint on or before July 22, 2022. Smith has not done so or asked for an extension of time. Accordingly, the Court’s prior Order has become a final judgment, meaning the Court cannot “grant any more extensions’ of time to amend the complaint” and must dismiss the case. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co.,
953 F.3d 707, 719-722 (11th Cir. 2020) (explaining 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” (citing Hertz Corp. v. Alamo Rent-A-Car, Inc.,
16 F.3d 1126(11th Cir. 1994))).
The Clerk is directed to TERMINATE any pending motions and deadlines, to ENTER judgment in accord with the final order, (Doc. 14), and to CLOSE this case. ORDERED in Tampa, Florida, on July 27, 2022.
(ent Mizelle United States District Judge
Reference
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