MORETTO
v.
FLORIDA DEPARTMENT OF CORRECTIONS

M.D. Fla. | 2024-02-13
No. 2:23-cv-1033
2012 WL 1365971 2024 FFL 3479 District Court, M.D. Florida (2024) Positive Treatment
Cited by 2 cases

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Holding

The court held that a voluntary dismissal is a tactical decision and not grounds for relief from judgment under Rule 60.

Facts & Procedural History

Plaintiff voluntarily dismissed his case to refile later, then sought to reopen the closed case to seek damages. The court had previously entered judg…

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Voluntary Dismissal

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Opinion of the Court

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-180- RH/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

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.

SherPolster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE

SA: FTMP-1 Copies: All Parties of Record

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Citator

Cited By

  • Moretto v. Fla. Dep't of Corr., 2012 WL 1365971 (M.D. Fla. 2024)
    …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-180- RH/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 without allowing a prisoner to abandon and then reinstate a claim for no reason other than a change of mind.…
  • Martinson v. Captain Carter (M.D. Fla. 2023)
    …appropriate here. Rule 60(b) 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-180-RH/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 without allowing a prisoner to abandon and then reinstate a claim for no reason other than a change of mind.”). Accordin…

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