Pierre v. Charlotte County Sheriff's Office et al

Filing 20

ORDER re 19 Amended Complaint filed by Wilbert Pierre. The Clerk is directed to strike and return Plaintiff Wilbert Pierre's complaint 19 . In addition, the Clerk is directed to immediately mail a copy of this Order to Plaintiff Wilbert Pierre at the return address listed on the envelope. Signed by Judge Sheri Polster Chappell on 3/3/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WILBERT PIERRE,
Plaintiff,
v.

Case No: 2:14-cv-412-FtM-38CM

CHARLOTTE COUNTY SHERIFF’S
OFFICE, BILL CAMERON, WILLIAM
PRUMELL, 20TH JUDICIAL
CIRCUIT COURT and STATE OF
FLORIDA,
Defendants.
/
ORDER1
This matter comes before the Court on review of the docket. Due to pro se Plaintiff
Wilbert Pierre’s failure to timely file an amended complaint, request additional time to file
an amended complaint, and respond to the Court’s orders to show cause, this matter was
dismissed without prejudice. (See Doc. #13; Doc. #14; Doc. #16; Doc. #17). In addition,
judgment was entered on February 4, 2015. (Doc. #18). Thereafter, without asking the
court for permission to file out of time, Pierre filed another complaint on February 27,
2015. (Doc. #19). The February 27, 2015, complaint is a mirror image of the first
complaint. Pierre failed to follow the Court’s instructions regarding the filing of the
Amended Complaint.

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Since this case is closed and judgment has been entered, the

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Court will strike and return Pierre’s latest and untimely complaint pursuant to Rule 12(f)
of the Federal Rules of Civil Procedure. Nonetheless, Pierre may initiate a new action by
filing a new complaint in a separate and distinct action, if Pierre deems it is appropriate.
Pierre will need to either pay the filing fee or file a Motion to Proceed In Forma Pauperis.
Accordingly, it is now
ORDERED:
The Clerk is directed to strike and return Plaintiff Wilbert Pierre’s complaint (Doc.
#19). In addition, the Clerk is directed to immediately mail a copy of this Order to Plaintiff
Wilbert Pierre at the return address listed on the envelope.
DONE and ORDERED in Fort Myers, Florida this 3rd day of March, 2015.

Copies: All Parties of Record

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