KIDWELL
v.
WALMART INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the prior order dismissing the complaint without prejudice became a final judgment when the plaintiffs failed to file an amended complaint by the deadline.
Plaintiffs' complaint was dismissed without prejudice as a shotgun pleading, with a deadline to file an amended complaint. Plaintiffs failed to meet t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pro Se Litigant Obligations cases and more on FLexlaw
COUNTY SHERIFF’S DEPUTIES,
Defendants. /
ORDER1
Before the Court is a sua sponte review of the case. On January 31, 2022, the Court dismissed Plaintiffs’ Complaint without prejudice as a shotgun pleading. (Doc. 55). The Court gave Plaintiffs until February 17, 2022, to file an amended complaint and warned that failure to file an amended complaint “will cause the closure of this case without further notice.” (Doc. 55 at 5-6). The deadline came and went with no amended complaint filed. This isn’t
34, 36, 43, 48, and 52). The Magistrate Judge discharged those orders (Doc. 54) but would have been well within his discretion to sanction Plaintiffs. But the Court need not consider sanctions here because as the Eleventh Circuit has said, when a plaintiff does not amend, the Court’s order becomes a final judgment, and the case is closed. Auto. Alignment & Body Servs., Inc. v. State Farm, 953 F. 3d 707, 719-20 (11th Cir. 2020) (The “order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires.”).
Since the order to amend, the only word from Plaintiffs were two “Notices,” neither of which could be construed as an amended complaint. (Docs. 56, 57). Both filings discuss Billy Ray Kidwell’s health problems. The second filing states that because of his health problems he cannot comply with the Court’s order. (Doc. 57 at 1). But he does not request a stay, nor an extension of time to file an amended complaint, and the Court otherwise has no information that would support an indefinite stay of these proceedings. See Kidwell v. Charlotte Cnty. Sch. Bd., 2007 WL 9718743, *2 (M.D. Fla. Nov. 7,
2007) (“Neither [plaintiff’s] pro se status nor his health condition will permit [him] to disregard his obligation to properly prosecute this action.”). Accordingly, it is now ORDERED: 1. This action is DISMISSED without prejudice. The Court’s January 31, 2022, Order constitutes a final judgment. 2. The Clerk is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on February 23, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record