Parkman v. State of California et al

Filing 13

ORDER: This action was reopened on July 3, 2024, following the Eleventh Circuit's dismissal of Raymond Grant Parkman's appeal. (Doc. 12). Parkman was given leave to file an amended complaint by July 24, 2024, and was warned that the fai lure to file a timely amended complaint would result in an order dismissing the action without further notice. Parkman has failed to file a timely amended complaint. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute and for failure to comply with court orders. See Local Rule 3.10. The Clerk must CLOSE this case and ENTER JUDGMENT for Defendants and against Parkman, which shall read "This action is dismissed without prejudice." Signed by Judge Steven D. Merryday on 8/29/2024. (ZG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RAYMOND GRANT PARKMAN, Plaintiff, v. Case No. 8:23-cv-02952-KKM-AEP STATE OF CALIFORNIA, and DAVID A. HUBBERT, Deputy Assistant Attorney General, Defendants. ____________________________________ ORDER After Raymond Grant Parkman filed this action, his complaint was dismissed as an impermissible shotgun pleading. (Doc. 2). Parkman was given leave to file an amended complaint by January 31, 2024, and warned that the failure to do so would result in an order dismissing the action without further notice. (Doc. 2) at 4–5. Rather than amend his complaint, Parkman filed a timely notice of appeal. (Doc. 8). The action was stayed pending Parkman’s appeal, which the Eleventh Circuit eventually dismissed for failure to prosecute. (Docs. 10–11). Following the dismissal of Parkman’s appeal, the action was reopened. (Doc. 12). Parkman was again given leave to file an amended complaint, this time by July 24, 2024. (Doc. 12). Parkman was warned that the failure to file a timely amended complaint would result in an order dismissing the action without further notice. Even accounting for the extra three days provided for mailing by Federal Rule of Civil Procedure 6(d), Parkman has failed to file a timely amended complaint. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute and for failure to comply with court orders. See Local Rule 3.10. The Clerk must CLOSE this case and ENTER JUDGMENT for Defendants and against Parkman, which shall read “This action is dismissed without prejudice.” ORDERED in Tampa, Florida, on August 29, 2024. /s/ Steven D. Merryday STEVEN D. MERRYDAY UNITED STATES DISTRICT JUDGE * Signed by Judge Steven D. Merryday to expedite the resolution of this motion. This case remains assigned to Judge Kathryn Kimball Mizelle. * 2

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