The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
VIVECA HUDSON
Plaintiff,
v. Case No: 6:24-cv-1886-JSS-LHP
UNIVERSITY OF CENTRAL
FLORIDA BOARD OF TRUSTEES,
Defendant.
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ORDER
On Defendant’s motion, the court dismissed Plaintiff’s amended complaint
without prejudice, granting her leave to amend on or before April 18, 2025. (See Dkt.
22.) The court then twice sua sponte extended the deadline for Plaintiff to file an
amended complaint, (see Dkts. 25, 27), giving Plaintiff until May 9, 2025, to amend.
The court expressly advised Plaintiff that “failure to timely file a second amended
complaint will render the court’s order dismissing her complaint without prejudice a
final judgment.” (Dkt. 25 (internal citation omitted).)
Plaintiff did not timely amend her complaint or ask for additional time to do so.
Accordingly, the court’s April 3, 2025 order dismissing the amended complaint has
become a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto.
Ins. Co., 953 F.3d 707, 719–20 (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 seeking an extension.”). The
court therefore lacks jurisdiction over this matter to grant anything other than post-
judgment relief. See id. (“The only recourse for a plaintiff who seeks to set aside the
final judgment is to appeal, Fed. R. App. P. 3, move to alter or amend the
judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R.
Civ. P. 60(b).”); Bessent v. Biden, No. 8:22-cv-1865-KKM-CPT, 2023 WL 2024896, at
*] (M.D. Fla. Feb. 15, 2023) (“Of course, a plaintiff may also refile the action if the
dismissal was without prejudice and is not otherwise barred by the statute of
limitations.”).
Accordingly, this action is DISMISSED without prejudice. The Clerk is
DIRECTED to enter judgment accordingly, terminate any pending motions and
deadlines, and to close this case.
ORDERED in Orlando, Florida, on May 13, 2025.
( as Sheek
JUVIE S. SNEED
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Unrepresented Party
Counsel of Record
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