Gibbs v. Mitchell

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-81258-BLOOM

JACOB GIBBS,

Plaintiff,

v.

MARY MITCHELL, et al.,

Defendants. / ORDER DENYING MOTION FOR RECONSIDERATION THIS CAUSE is before the Court upon Plaintiff Jacob Gibbs’s construed Motion for Reconsideration, ECF No. [5]. See United States v. Jordan, 915 F.2d 622, 624-25 (11th Cir. 1990) (“Federal courts have long recognized that they have an obligation to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect, cognizable under a different remedial statutory framework.” (citation omitted)). In the Motion, Plaintiff argues that the Court misconstrued his claims and disputes the legal conclusions in the Court’s Screening Order, ECF No. [4]. See generally ECF No. [5]. Because the Court dismissed the Complaint without prejudice, Plaintiff may file a new complaint once he cures the defects identified in the Court’s Screening Order. Plaintiff should not file the new complaint in this case, 23-81258-BLOOM, which is closed, but should instead open a new case. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s construed Motion for Reconsideration, ECF No. [5] is DENIED. This case shall remain closed. Case No. 23-cv-81258-BLOOM

DONE AND ORDERED in Chambers at Miami, Florida, on October 5, 2023.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Jacob Gibbs, PRO SE 0394037 West Detention Center Inmate Mail/Parcels Post Office Box 1450 Belle Glade, Florida 33430