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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ERICA JEANNE DELGREGO,

Plaintiff,

vs. Case No. 4:11cv180-RH/WCS

WILLIAM TAYLOR, et al.,

Defendants.

 /

REPORT AND RECOMMENDATION

Plaintiff, a federal prisoner proceeding pro se, filed a notice of voluntary dismissal

on September 21, 2011. Doc. 17. Plaintiff stated that she did not "want to risk a failure

to comply with court orders and failure to prosecute." Id. Plaintiff's notice of voluntary

dismissal was accepted and the case dismissed pursuant to Rule 41(a)(1) on

September 26, 2011. Doc. 18. 

On November 8, 2011, Plaintiff has now filed a letter stating she has

"reconsidered" her decision to voluntarily dismiss this case. Doc. 20. Plaintiff

simultaneously provided a second amended complaint. Doc. 21.

Rule 60(b) provides that a party may be relieved of a final judgment or order for

any of six reasons: "(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly

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discovered evidence that, with reasonable diligence, could not have been discovered in

time to move for a new trial under Rule 59(b); (3) fraud (whether previously called

intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the

judgment is void; (5) the judgment has been satisfied, released, or discharged; it is

based on an earlier judgment that has been reversed or vacated; or applying it

prospectively is no longer equitable; or (6) any other reason that justifies relief." FED. R.

CIV. P. 60(b). None of the five specific reasons are applicable, and it is questionable

whether the sixth reason, "any other reason that justifies relief" fits Plaintiff's situation. 

Plaintiff states only that she has reconsidered her decision to dismiss her case. Doc.

20. 

If Plaintiff simply needed more time to submit an amended complaint, she could

have done so. Indeed, Plaintiff had previously been granted an extension of time in

which to submit a second amended complaint. Docs. 13, 14. The motion should be

denied and this case remain closed.

Furthermore, having reviewed Plaintiff's proposed second amended complaint,

doc. 21, it remains deficient. Plaintiff does not allege any dates or times for the events

at issue. Moreover, the events at issue are not stated with clear factual allegations. 

Plaintiff simply makes broad conclusory allegations that each of the six named

Defendants were aware of an "area" being condemned, yet allowing inmates to work in

that area. Plaintiff does not explain or state facts showing how each Defendant had that

knowledge, nor does Plaintiff state that she was harmed in any way or grieved the issue

or provide any facts which clearly show that her constitutional rights have been violated. 

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Because the second amended complaint is also insufficient, relief should be denied on

Plaintiff's motion to reinstate her case.

In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's Rule 60

motion to be relieved from the order granting her voluntary dismissal, doc. 20, be

DENIED and this case remain DISMISSED pursuant to Plaintiff's previous Rule 41

notice of voluntary dismissal.

IN CHAMBERS at Tallahassee, Florida, on November 14, 2011.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv180-RH/WCS

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