Sizemore v. Judge Michael Orfinger et al

Filing 63

ORDER denying 62 Plaintiff's Request for Reconsideration. To the extent Plaintiff wishes to file objections, which would be considered by the Presiding District Judge, Plaintiff may do so within ten (10) days from the date of this Order. Signed by Magistrate Judge Leslie Hoffman Price on 3/12/2025. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

TERRIE SIZEMORE,
Plaintiff,
v.

Case No: 6:24-cv-1562-WWB-LHP

JUDGE MICHAEL ORFINGER,
DOUGLAS COLLINS, HOWARD
TERRY CARRELL, CAROL ANN
CARRELL, HOWARD TERRY
CARRELL, AS CO-TRUSTEE OF THE
CARRELL REVOCABLE TRUST
DATED FEBRUARY 19, 1996, CAROL
ANN CARRELL, AS CO-TRUSTEE
OF THE CARRELL REVOCABLE
TRUST DATED FEBRUARY 19, 1996
and JUDGE RANDALL H. ROWE III,
Defendants

ORDER
On March 3, 2025, the undersigned issued a report and recommendation
regarding disposition of four motions to dismiss filed by Defendants. Doc. No. 61.
Now before the Court is Plaintiff’s Request for Reconsideration, in which Plaintiff
asks the Court to reconsider its March 3, 2025 “Order” pursuant to Federal Rule of
Civil Procedure 59. Doc. No. 62. Plaintiff’s Request for Reconsideration has been

referred to the undersigned.
Upon consideration, to the extent that Plaintiff requests reconsideration of
the report and recommendation, the request (Doc. No. 62) will be DENIED, as the
report and recommendation is not a final order, but rather a recommendation, to
which Plaintiff would appropriately address objections rather than a request for
reconsideration. See Doc. No. 61, at 25 (citing 11 Cir. R. 3-1). See also Farrell v.
GMAC Mortg., No. 2:13-cv-140-FtM-29DNF, 2014 WL 12617441, at *1 (M.D. Fla. Feb.
5, 2014) (“The Court finds that reconsideration is not the appropriate avenue to
dispute the Report and Recommendation.”).
It instead appears that Plaintiff wishes to file objections to the report and
recommendation. See, e.g., Burton v. United States, No. 8:23-cv-1372-CEH-SPF, 2024
WL 4356315, at *1 (M.D. Fla. Oct. 1, 2024) (construing pro se motion for
reconsideration as objections to report and recommendation); Green v. Florida, No.
3:12-cv-134-J-32MCR, 2013 WL 5567324, at *1 (M.D. Fla. Oct. 9, 2013) (same);
Williams v. Lynch, No. 6:06-cv-1540-Orl-28KRS, 2007 WL 2330919, at *1 (M.D. Fla.
Aug. 13, 2007) (same). Accordingly, to the extent Plaintiff wishes to file objections,
which would be considered by the Presiding District Judge, Plaintiff may do so
within ten (10) days from the date of this Order.

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DONE and ORDERED in Orlando, Florida on March 12, 2025.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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