Moretto v. Florida Department of Corrections et al, No. 2:2023cv01033 - Document 11 (M.D. Fla. 2024)
Court Description: OPINION AND ORDER re: 10 MOTION to Reopen Case. The Court DENIES Moretto's request to reopen this case (Doc. 10). Moretto's voluntarily dismissal was without prejudice, so he may, of course, commence a new action. Signed by Judge Sheri Polster Chappell on 2/13/2024. (BGS)
Download PDF
<![CDATA[
Moretto v. Florida Department of Corrections et al Doc. 11 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION STEPHEN MORETTO, Plaintiff, v. Case No.: 2:23-cv-1033-SPC-NPM FLORIDA DEPARTMENT OF CORRECTIONS and CENTURION, Defendants. / OPINION AND ORDER Before the Court is Plaintiff Stephen Moretto’s “Notice to Court” (Doc. 10). Moretto voluntarily dismissed this action over a month ago so he could refile it later, and the Court entered judgment and closed the case. Moretto now asks the Court to reopen the case to seek damages stemming from a recent injury. Federal Rule of Civil Procedure 60 provides the means for requesting relief from judgment, but it does not provide a party relief from a tactical litigation decision it regrets. See Waddell v. Hendry Cnty. Sheriff’s Office, 329 F.3d 1300, 1310 (11th Cir. 2003); see also Delgrego v. Taylor, No. 4:11-cv-180RH/WCS, 2012 WL 1365971, at *1 (N.D. Fla. Apr. 19, 2012) (“The task of managing the district’s substantial volume of prisoner cases is difficult enough Dockets.Justia.com without allowing a prisoner to abandon and then reinstate a claim for no reason other than a change of mind.”). Accordingly, the Court DENIES Moretto’s request to reopen this case (Doc. 10). Moretto’s voluntarily dismissal was without prejudice, so he may, of course, commence a new action. DONE and ORDERED in Fort Myers, Florida on February 13, 2024. SA: FTMP-1 Copies: All Parties of Record 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
