Fleming v. Allen

Sep 1, 2026
2:25-cv-01154

OPINION AND ORDER

This matter is before the Court on sua sponte review of the file. The Court dismissed pro se Plaintiff Michael-Zahir David Fleming‘s second amended complaint with leave to amend on or before August 28, 2026.1 (Doc. 28). “That deadline was without exception, even for mailing.” Howard v. Bank of New York Mellon, No. 2:24-CV-148-JES-KCD, 2025 WL 1392789, at *1 (M.D. Fla. May 13, 2025). But Plaintiff failed to timely file his third amended complaint or move for more time to do so.2 As such, the Court‘s dismissal Order is a final, appealable order; the Court has surrendered its jurisdiction; and the Court has no prejudgment power to grant any further relief. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 720–21 (11th Cir. 2020) (“[A]n order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff [amending the complaint or] seeking an extension.“); Hertz Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126, 1133 (11th Cir. 1994); see also Fernandez v. Freedom Health, Inc., No. 22-13823, 2023 WL 4196950, at *3 (11th Cir. June 27, 2023). So this case is closed.

Accordingly, it is now

ORDERED:

The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case.

DONE and ORDERED in Fort Myers, Florida on September 1, 2026.

SHERI POLSTER CHAPPELL

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Notes

1
And the Court warned Plaintiff that failure to file his third amended complaint by the deadline “will result in this case‘s dismissal without further notice.” (Doc. 28 at 14).
2
He filed the third amended complaint on August 31, 2026. (Doc 29).