Garzer v. Warden, FCC Coleman - Low

United States District Court for the Middle District of Florida

Garzer v. Warden, FCC Coleman - Low

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

FERMIN SALA GARZER,

Petitioner,

v. Case No: 5:25-cv-311-WFJ-PRL

WARDEN, FCC COLEMAN - LOW,

Respondent.

ORDER

THIS CAUSE is before the Court upon sua sponte review. By Order dated July 7, 2025, the Court dismissed this case because Petitioner failed to file an amended petition by June 30, 2025, in compliance with a previous Court order. (“Dismissal Order,” Doc. 4). Unbeknownst to the Court, Petitioner filed an amended petition on June 17, 2025,1 but it was not docketed until July 8, 2025. Therefore, because the amended petition was timely filed, the Court will vacate the Dismissal Order and allow the case to proceed. Accordingly, it is hereby ORDERED that the Court’s Dismissal Order (Doc. 4) is VACATED. The Clerk is directed to reopen this case. DONE and ORDERED in Tampa, Florida on July 11, 2025.

1 Under the “mailbox rule,” a prisoner’s filing is deemed filed on the date it was signed and delivered to authorities for mailing. See Adams v. United States,

173 F.3d 1339

(11th Cir. 1999). WILLIAM F. JUN = UNITED STATES DISTRICT JUDGE Copies furnished to: Unrepresented Party

Reference

Status
Unknown