Opinion
6:23-cv-1351-JSS-DCI
11-07-2024
STEPHEN LYNCH MURRAY, Plaintiff, v. GOVERNOR, STATE OF FLORIDA, and CHIEF JUSTICE, SUPREME COURT OF FLORIDA, Defendants.
ORDER
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
Plaintiff, proceeding pro se, initiated this action in July 2023 by suing Defendants and alleging numerous constitutional violations. (See Dkt. 1.) On February 22, 2024, the court dismissed the complaint without prejudice as a shotgun pleading and allowed Plaintiff to file an amended complaint by March 11, 2024. (See Dkt. 26.) Four days later, on February 26, 2024, Plaintiff appealed the dismissal to the Eleventh Circuit. (See Dkt. 28.) Given the appeal, the court stayed and administratively closed this case. (See Dkt. 30.)
On March 6, 2024, while his appeal was pending, Plaintiff filed an amended complaint. (See Dkt. 31.) Plaintiff has also filed a second amended complaint. (See Dkt. 38.) On October 15, 2024, the Eleventh Circuit affirmed the dismissal of the initial complaint. (See Dkts. 36 & 37 (opinion and mandate).) See Murray v. Governor, No. 24-10583, 2024 U.S. App. LEXIS 25816 (11th Cir. Oct. 15, 2024). In determining that it had appellate jurisdiction because the order dismissing the initial complaint was a final order under 28 U.S.C. § 1291, the Eleventh Circuit explained that Plaintiff “cho[se] to appeal the dismissal of his complaint before the amended complaint [wa]s due.” Murray, 2024 U.S. App. LEXIS 25816, at *6 (citing Garfield v. NDC Health Corp., 466 F.3d 1255, 1260 (11th Cir. 2006)). By choosing to appeal, Plaintiff “elected to stand on [his initial complaint] and waived [his] right to further amendment.” Garfield, 466 F.3d at 1260-61; accord Schuurman v. Motor Vessel “Betty K V, ” 798 F.2d 442, 445 (11th Cir. 1986) (“Once the plaintiff chooses to appeal before the expiration of time allowed for amendment, . . . the plaintiff waives the right to later amend the complaint, even if the time to amend has not yet expired.”).
Accordingly:
1. The amended complaint (Dkt. 31) and second amended complaint (Dkt. 38) are STRICKEN.
2. This case is DISMISSED.
3. The Clerk is DIRECTED to terminate any pending motions and deadlines.
4. This case remains closed.
ORDERED.