Opinion
2:23-cv-1033-SPC-NPM
02-13-2024
STEPHEN MORETTO, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS and CENTURION, Defendants.
OPINION AND ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Stephen Moretto's “Notice to Court” (Doc. 10). Moretto voluntarily dismissed this action over a month ago so he could refile it later, and the Court entered judgment and closed the case. Moretto now asks the Court to reopen the case to seek damages stemming from a recent injury. Federal Rule of Civil Procedure 60 provides the means for requesting relief from judgment, but it does not provide a party relief from a tactical litigation decision it regrets. See Waddell v. Hendry Cnty. Sheriff's Office, 329 F.3d 1300, 1310 (11th Cir. 2003); see also Delgrego v. Taylor, No. 4:11-cv-180-RH/WCS, 2012 WL 1365971, at *1 (N.D. Fla. Apr. 19, 2012) (“The task of managing the district's substantial volume of prisoner cases is difficult enough without allowing a prisoner to abandon and then reinstate a claim for no reason other than a change of mind.”).
Accordingly, the Court DENIES Moretto's request to reopen this case (Doc. 10). Moretto's voluntarily dismissal was without prejudice, so he may, of course, commence a new action.
DONE and ORDERED.