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Rafael Beltre v. Fit Guys Walk, LLC, dba Planet Fitness

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-14094 · judgment August 28, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The opposing counsel upon recognition of principle case intel, decide to base their opening approach presumptuously to a case that has already been initiated as an Assault, Libel, Slander with a motion to dismiss on misnomer Cause of Action by papers instituted by the Clerk of Courts 42 U.S.C 1983 appropriated accordingly, with other documents used to commence and initiate a case primarily. After establishing case as an Assault, Libel, Slander, and giving reason to logic and confusion, after specific instruction by Magistrate Judge Thomas G. Wilson, upon meticulous consultation with opposing counsel on case managing and specific case management order therefore by Magistrate Judge, the case managing was set, ordered, then stricken by request of the Clerk of Courts and granted by Magistrate Judge Thomas G. Wilson based on factors that were vague, inconclusive, and in general, contradict ones own order in one being Magistrate Judge himself on case managing orders according to the rules and regulations of the Middle District Court of Florida and the Federal Rules of Civil Procedure. Immediately afterwards, the case was then dismissed upon merit and prejudice for failure to state a cause of action without leave to amend. The case was transitioned to the U.S Court of Appeals of the Eleventh Circuit and was set forth, in, fronted of panel judges Jill Pryor, Branch, and Black, Circuit Judges. Opinions of the Court therefore otherwise were in affirmation of the Middle District Court of Florida.

Counsel of record

For petitioner
Rafael Beltre

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 15 2025
    Rehearing DENIED.
  2. Nov 25 2025
    DISTRIBUTED for Conference of 12/12/2025.
  3. Oct 30 2025
  4. Oct 06 2025
    Petition DENIED.
  5. Jun 17 2025
    DISTRIBUTED for Conference of 9/29/2025.
  6. Nov 16 2024
    Petition for a writ of certiorari filed. (Response due June 6, 2025)