Armstrong v. Florida Department of Health

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JEFF ARMSTRONG, Plaintiff, v. Case No: 8:22-cv-1024-KKM-CPT FLORIDA DEP’T OF HEALTH, LINDA KATKE, NICOLE BAUTISTA, and JANE WILSON, Defendant. ___________________________________ ORDER On August 1, 2022, the Court entered an Order, (Doc. 5), dismissing Jeff Armstrong’s Complaint without prejudice in accordance with 28 U.S.C. § 1915(e)(2). The Court directed Armstrong to file a new complaint on or before August 22, 2022. Armstrong 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 and to CLOSE this case.

DONE AND ORDERED at Tampa, Florida, on August 29, 2022.

WILLIAM F. a UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Plaintiff, pro se