ANDERSON
v.
THE CITY OF DAYTONA BEACH MUNICIPAL
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The court denied the plaintiff's motion for recusal because the case had already been dismissed and closed, and the motion failed to comply with local rules.
Plaintiff, appearing pro se, filed a motion titled as a motion for recusal. The court noted that the case had been dismissed without prejudice and clo…
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2.3330 . . . . (Doc. No. 47) FILED: January 23, 2023 THEREON it is ORDERED that the motion is DENIED. Before the Court is a motion by Plaintiff, who appears pro se, which is titled
as a motion for recusal, but from the motion it is not actually clear what relief Plaintiff seeks. Doc. No.47. Inany event, on review of the motion and the docket, the motion will be DENIED because this case was dismissed without prejudice on December 27, 2022, and the case has been closed. See Doc. No. 37. See also Doc. Nos. 39, 42 (denying motions to reopen case). Even if the Court were to consider the motion - and Plaintiff has provided no legal authority authorizing the Court to consider said motion in a closed case - the motion fails to comply with the Local Rules, including Local Rules 1.08, 3.01(a), and 3.01(g). See also Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir. 1989) (stating that pro se litigants are “subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure”). DONE and ORDERED in Orlando, Florida on January 25, 2023.
LESLIE NOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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