Delvalle v. Furricci, No. 2:2023cv00735 - Document 20 (M.D. Fla. 2023)
Court Description: OPINION AND ORDER re: 19 MOTION to Alter or Amend Judgment. Delvalle's motion (Doc. 19) is DENIED. Signed by Judge Sheri Polster Chappell on 12/28/2023. (BGS)
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Delvalle v. Furricci Doc. 20 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DAVID DELVALLE, Plaintiff, v. Case No.: 2:23-cv-735-SPC-NPM MICHAEL FIORUCCI, Defendant. / OPINION AND ORDER Before the Court is Plaintiff David Delvalle’s Motion to Alter or Amend the Judgment (Doc. 19). Delvalle is a prisoner of the Florida Department of Corrections, and he filed this 42 U.S.C.§ 1983 action pro se. Delvalle alleged Dr. Michael Fiorucci injured him in a botched surgery. The Court dismissed Delvalle’s complaint and explained that his allegations support at most a medical negligence or malpractice claim, which must be brought in state court. (Doc. 15). Delvalle challenges the Court’s judgment, but he misses the point. Delvalle argues Fiorucci is not immune from a § 1983 suit merely because he is a professional. The Court did not hold that Delvalle cannot sue Fiorucci under § 1983. Rather, the subject matter of this action makes state court the only proper venue. Delvalle is not entitled to post-judgment relief. Accordingly, Delvalle’s motion (Doc. 19) is DENIED. Dockets.Justia.com DONE and ORDERED in Fort Myers, Florida on December 28, 2023. SA: FTMP-1 Copies: All Parties of Record 2
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