Romano v. Secretary, Florida Department of Corrections, Michael D. Crews et al

Filing 12

ORDER OF DISMISSAL WITHOUT PREJUDICE, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 10/28/2015. (BL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

ANTHONY TONY ROMANO,
Plaintiff,
v.

Case No. 3:15-cv-1053-J-34MCR

SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS et al.,
Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff Anthony Tony Romano, an inmate of the Florida penal
system, initiated this action on August 25, 2015, by filing a pro
se Civil Rights Complaint Form (Complaint; Doc. 1) under 42 U.S.C.
§ 1983. In the Complaint, Romano names thirty-four Defendants;
however, it appears that he lists some of the Defendants more than
once. Romano, a disabled inmate, asserts that the Defendants were
deliberately indifferent to his medical needs and failed to provide
him with "prescribed assistive aid devices." He states that the
Defendants deprived him of an electric wheelchair, orthopedic
shoes, velcro shower shoes, wrist and back braces, pain medication
and physical therapy while he was incarcerated at Dade Correctional
Institution,

South

Florida

Reception

Center,

and

Columbia

Correctional Institution. As relief, he requests monetary damages

and injunctive relief. On August 28, 2015, the Court directed him
to file an Amended Complaint by October 28, 2015. See Order to
Amend (Doc. 5). Plaintiff requested the assistance of counsel and
an extension of time to comply with the Court's Order. See Motion
for Appointment of Counsel (Doc. 8), filed September 29, 2015;
Motion for Extension of Time to File Amended Complaint (Doc. 9),
filed October 9, 2015.
On October 27, 2015, Romano filed a Motion to Dismiss Without
Prejudice (Motion; Doc. 11). In the Motion, he requests that the
Court dismiss the case without prejudice. Therefore, Plaintiff's
request will be granted, and the case will be dismissed without
prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), to his right
to refile his claims at a later date, if he elects to do so.
Accordingly, it is now
ORDERED AND ADJUDGED:
1.

Plaintiff's request to voluntarily dismiss the action

(Doc. 11) is GRANTED.
2.

This case is hereby DISMISSED without prejudice.1

3.

The Clerk of Court shall enter judgment dismissing this

case

without

prejudice,

terminating

any

pending

motions,

and

closing the case.

1

Plaintiff is advised that a 42 U.S.C. § 1983 action brought
in Florida is governed by Florida's four-year personal injury
statute of limitations. Henyard v. Sec'y, Dep't of Corr., 543 F.3d
644, 647 (11th Cir. 2008).
2

4.

The Clerk shall send a civil rights complaint form (with

the accompanying instructions) and an Affidavit of Indigency form
to Plaintiff. If he elects to refile his claims, he may complete
and submit the proper forms. Plaintiff should not place this case
number on the forms. The Clerk will assign a separate case number
if Plaintiff elects to refile his claims.
DONE AND ORDERED at Jacksonville, Florida, this 28th day of
October, 2015.

sc 10/27
c:
Anthony Tony Romano, FDOC #B05029

3