Agostino v. City of Cape Coral et al

Filing 36

ORDER denying without prejudice 34 Plaintiff's Motion to Add Defendants; denying without prejudice 35 Plaintiff's Filing of New Evidence. Signed by Magistrate Judge Carol Mirando on 11/21/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH D. AGOSTINO,
Plaintiff,
v.

Case No: 2:17-cv-135-FtM-99CM

CITY OF CAPE CORAL, CODE
ENFORCEMENT CITY OF CAPE
CORAL, MARINA SAWICKI,
SUZANNE NAUGHTON,
RICHARD LEON, CAROL RALL
and HAROLD S. ESKIN,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff’s Motion to Add
Defendants (Doc. 34) and Filing of New Evidence (Doc. 35) filed on November 20,
2017.

Plaintiff, who is proceeding pro se, seeks to add three new defendants to this

case.

Doc. 34.

Coral.

He further asks that the Court issue a subpoena to the City of Cape

Doc. 35.

Plaintiff does not provide any legal support for his requested relief.

Docs. 34, 35.
The Court will deny without prejudice the present motions because they lack
legal support.

Docs. 34, 35. Nonetheless, because Plaintiff is proceeding pro se, the

Court advises Plaintiff this time only that Rules 19 and 20 of the Federal Rules of
Civil Procedure provide guidance on required and permissive joinder of parties.
Rule 45 of the Federal Rules of Civil Procedure concerns appropriate procedures for
the issuance of a subpoena.

The Court notes that although Plaintiff is proceeding pro se, he “must follow
the rules of procedure,” and “the district court has no duty to act as a pro se party’s
lawyer.” United States v. Hung Thien Ly, 646 F.3d 1307, 1315 (11th Cir. 2011);

Harvick v. Oak Hammock Pres. Cmty. Ass’n Inc., No. 6:14-cv-937-Orl-40GJK, 2015
WL 667984, at *2 (M.D. Fla. Feb. 17, 2015).

Accordingly, Plaintiff must conduct

independent legal research and file an appropriate motion that contains sufficient
legal support.

See M.D. Fla. R. 3.01(a) (“In a motion or other application for an

order, the movant shall include a concise statement of the precise relief requested, a
statement of the basis for the request, and a memorandum of legal authority in
support of the request. . . .”).
The Court therefore strongly encourages Plaintiff to attempt to retain counsel
admitted to practice before this Court to assist him with litigating this matter.

See

Schebel v. Charlotte Cnty., 833 F. Supp. 889, 890 (M.D. Fla. 1993) (“strenuously”
encouraging pro se plaintiff in civil action to retain legal counsel); see also

Montgomery v. Brickell Place Condo. Ass’n, No. 11-24316-CIV, 2012 WL 1203837, at
*3 (S.D. Fla. Apr. 11, 2012) (encouraging pro se plaintiff to “retain legal counsel and,
failing that, to diligently research how to prosecute” a case in federal court because
pro se parties are responsible for discovery, complying with scheduling orders and
following federal and local rules).
While the Court recommends that Plaintiff retain counsel, in the event he is
unable to do so, before preparing any further pleadings, Plaintiff is encouraged to
visit the “Proceeding Without a Lawyer” section of this Court’s website at

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www.flmd.uscourts.gov.

The website includes tips, frequently asked questions,

sample forms, and a “Guide for Proceeding Without a Lawyer.” There is also a link
that will direct Plaintiff to an interview process that will help him with producing an
amended complaint.

Additionally, Plaintiff may access several forms, which are be

available to pro se litigants in federal court.

Specifically, the following website,

http://www.uscourts.gov/forms/pro-se-forms, contains sample Complaint forms.
Plaintiff is encouraged to utilize these resources in drafting any related motions so
that he may properly set forth his claims and requests for relief to the Court.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Motion to Add Defendants (Doc. 34) is DENIED without

prejudice.
2.

Plaintiff’s Filing of New Evidence (Doc. 35) is DENIED without prejudice.

DONE and ORDERED in Fort Myers, Florida on this 21st day of November,
2017.

Copies:
Counsel of record
Unrepresented parties

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