ANDERSON
v.
THE CITY OF DAYTONA BEACH MUNICIPAL

M.D. Fla. | 2023-01-20
No. 45
District Court, M.D. Florida (2023)

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Holding

The court denied the plaintiff's motion because the case had already been dismissed and closed, and the motion failed to comply with local rules.


Facts & Procedural History

The plaintiff, appearing pro se, filed a motion related to the False Claims Act in a case that had been dismissed and closed. The court had previously…

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Opinion of the Court

CLAIMS ACT (FCA), 41 U.S.C. 31 3729(b), 31 U.S.C. §§ 3729 - 3733 (Doc. No. 45) FILED: January 18, 2023 THEREON it is ORDERED that the motion is DENIED. Before the Court is a motion by Plaintiff, who appears pro se, titled “Motion Qui Tam the False Claims Act, the Relator are Filed Under Seal False Claims Act (FCA), 41 U.S.C. 31 3729(b), 31 U.S.C. §§ 3729 - 3733.” Doc. No. 45. Upon 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); Doc. No. 44 (striking similar filing by Plaintiff, which was construed as an attempt to file

an amended complaint, because the case is closed). 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 20, 2023.

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LESLIE NOFFIIAN PRICE

UNITED STATES MAGISTRATE JUDGE

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