Verity v. Scott et al

Filing 34

ORDER denying 33 Petitioner Cliff Verity's Motion of More Definite Statement. Petitioner may refile an opposition to Respondents Rick Scott and State of Florida's Dispositive Motion to Dismiss Fourth Amended Petition 29 by June 16, 20 14 that complies with the Federal Rules of Civil Procedure. Failure to comply with this Order will result in the dismissal of this action without further notice. The Clerk of the Court is directed to STRIKE Petitioner's Motion of More Definite Statement 33 from the docket. Signed by Judge Sheri Polster Chappell on 6/2/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

CLIFF VERITY,
Petitioner,
v.

Case No: 2:12-cv-609-FtM-38DNF

RICK SCOTT and STATE OF
FLORIDA,
Respondents.
/
ORDER1
This matter comes before the Court upon Petitioner Cliff Verity's Motion of More
Definite Statement (Doc. #33) filed on May 27, 2014.
On March 24, 2014, the Court ordered Petitioner, who is appearing pro se, to file
an opposition to Respondents Rick Scott and the State of Florida’s Dispositive Motion to
Dismiss Fourth Amended Petition (Doc. #29) by April 23, 2014 (Doc. #30). Petitioner
thereafter requested an extension of time to file his opposition. (Doc. #31). The Court
granted Petitioner's request, giving him until May 23, 2014, in which to file any opposition.
(Doc. #32). On or about May 22, 2014, Petitioner filed the Motion of More Definite
Statement, which was unsigned. (Doc. #33). Although Petitioner does not expressly

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state that the Motion (Doc. #33) opposes Respondents' Motion to Dismiss (Doc. #29), the
Court construes it as such based on the arguments set forth therein.
Rule 11(a) of the Federal Rules of Civil Procedures requires that "[e]very pleading,
written motion, and other paper must be signed by . . . a party personally if the party is
unrepresented." Fed. R. Civ. P. 11(a). It also states that a "court must strike an unsigned
paper unless the omission is properly corrected after being called to the . . . party's
attention." Id. Moreover, Petitioner is reminded that despite his pro se status, it is
mandatory that he, among other things, respond properly to motions and proceed in
accordance with the Federal Rules of Civil Procedure and the Middle District of Florida
Local Rules. See Loren v Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (holding that
even pro se parties must follow procedures). Failure to do so could result in sanctions or
the denial of any motions or requests for relief from the Court.
Based on these principles, the Court denies Petitioner's Motion of More Definite
Statement (Doc. #33). Nevertheless, because Petitioner is appearing pro se, the Court
will, out of an abundance of caution, grant him additional time to refile a response to
Respondents’ Motion (Doc. #29) that complies with the Federal Rules of Civil Procedure.
Accordingly, it is now
ORDERED:
(1) Petitioner Cliff Verity's Motion of More Definite Statement (Doc. #33) is
DENIED.
(2) Petitioner may refile an opposition to Respondents Rick Scott and State of
Florida's Dispositive Motion to Dismiss Fourth Amended Petition (Doc. #29) by
June 16, 2014 that complies with the Federal Rules of Civil Procedure. Failure

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to comply with this Order will result in the dismissal of this action without further
notice.
(3) The Clerk of the Court is directed to STRIKE Petitioner's Motion of More
Definite Statement (Doc. #33) from the docket.
DONE and ORDERED in Fort Myers, Florida this 2nd day of June, 2014.

Copies: All Parties of Record

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