Robinson v. Putnam County Clerk of Court

Filing 20

ORDER withdrawing 13 Plaintiff's motion to proceed in forma pauperis; finding as moot 15 Report and Recommendations; and granting 17 Plaintiff's motion to reopen the case. The Court's 7/3/2014 dismissal 8 is vacated. The Clerk should reopen the case. On or before 7/28/2015, plaintiff shall perfect service of process on all defendants and file proof of service or waiver of service. Signed by Judge Timothy J. Corrigan on 4/14/2015. (BJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ERNEST A. ROBINSON,
Plaintiff,
v.

Case No. 3:14-cv-386-J-32JBT

FLORIDA DEPARTMENT OF
CORRECTIONS, PUTNAM COUNTY
CLERK OF COURT,
Defendant.
ORDER
This case is before the Court on all pending matters. Plaintiff Ernest A.
Robinson has now paid the required filing fee for opening a civil action. His most recent
motion to proceed in forma pauperis (Doc. 13) is therefore due to be withdrawn and
the related Report and Recommendation (Doc. 15) terminated as moot. Further, as the
case is presently still dismissed without prejudice (see Docs. 8, 10) and has been
administratively reopened only to address the motion to proceed in forma pauperis,
the Court will vacate its earlier dismissal and fully reopen the case.
Because plaintiff is proceeding pro se, the Court will take the opportunity to
inform him of some, but not all, of the procedural rules with which he must comply.
The Court reminds plaintiff of these obligations because pro se litigants are subject to
the same law and rules of court as litigants who are represented by counsel, including

the Federal Rules of Civil Procedure and the Local Rules. 1 Moon v. Newsome, 863
F.2d 835, 837 (11th Cir. 1989).
The Court will set forth below some of the more prominent procedural
obligations and requirements of litigants in this Court. This Order, however, does not
purport to set forth all of those requirements and should not be relied upon as limiting
plaintiff’s duties and obligations in litigating this case. For assistance, plaintiff should
review the “Proceeding Without a Lawyer” section of the court’s website at
www.flmd.uscourts.gov.
The first of the requirements with which plaintiff must comply are those
regarding service of process on defendants. 2 In accordance with Rule 4(m) of the
Federal Rules of Civil Procedure, plaintiff is required to perfect service upon
defendants “within 120 days after the complaint is filed.” Fed. R. Civ. P. 4(m). Given
the procedural posture of this case, however, the Court will allow plaintiff to serve
defendants within 120 days after he paid his filing fee, no later than July 28, 2015.
It is plaintiff’s responsibility to ensure compliance with Federal Rule 4(m) and all
other applicable rules. Plaintiff is informed that failure to timely or otherwise properly

All filings with the Court must be made in accordance with the Federal Rules
of Civil Procedure and the Local Rules of the United States District Court for the
Middle District of Florida. The Local Rules are available for review on the public
website for the Middle District Court of Florida at www.flmd.uscourts.gov and a copy
may be obtained by visiting the Clerk’s Office. The Federal Rules of Civil Procedure
are available for review in the law libraries of the state and federal courthouses.
1

To assist plaintiff, the Court has attached the portion of the United States
District Court Middle District of Florida Guide for Proceeding Without a Lawyer that
addresses service of process. Plaintiff should review the attachment and the Guide
(available at http://www.flmd.uscourts.gov/pro_se/docs/FLMD_ProSe_Handbook.pdf).
2

2

perfect service of process may, under some circumstances, result in the dismissal of a
case in its entirety. See Fed. R. Civ. P. 4(m). Plaintiff must also file proof of service,
generally by affidavit of the server, as to each defendant who has not waived service.
See Fed. R. Civ. P. 4(l)(1).
Next, all documents filed with the Court must be in the form of a pleading, see
Fed. R. Civ. P. 7(a), or of a motion, see Fed. R. Civ. P. 7(b). Each pleading, motion,
notice, or other paper shall be presented in a separate document.
Plaintiff must timely respond to the motions filed by other parties in this case,
for if he does not timely respond to such a motion, the Court may assume that he does
not oppose that motion and any relief requested therein. 3 Local Rule 3.01(b) provides
that any brief or legal memorandum in opposition to a motion must be filed within 14
days after Plaintiff is served with that motion by his opponent. If a party has missed
a filing deadline, the party must file a motion seeking leave of Court to file the
document out of time.
Plaintiff shall not correspond with the Court or any Judge or Magistrate Judge
of the Court in letter form. In keeping with their sworn duty to maintain complete
impartiality in the exercise of their judicial duties, the Judges of this Court will only
deliver their decisions and opinions in response to those documents filed with the
Clerk’s Office in accordance with the governing rules of procedure. Any
correspondence sent to judicial officers will not be responded to, will be stricken from

Motions that Plaintiff must respond to include, but are not limited to,
discovery motions under Fed. R. Civ. P. 37, motions to dismiss under Fed. R. Civ. P.
12(b), and motions for summary judgment under Fed. R. Civ. P. 56.
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the case file, and will be returned to the sending party.
All documents filed with the Court must include a caption; a brief title that
describes the nature of the document; plaintiff’s name and signature; and a Certificate
of Service. These last two items are explained below.
All pleadings, motions, or other papers filed with the Court by plaintiff must
bear his original signature, or they will be rejected by the Court. Among other things
the signature serves as plaintiff’s certification, pursuant to Fed. R. Civ. P. 11(b), that
the document is not submitted for any improper purpose; that the claims or defenses
presented in it are warranted by existing law; and that there exists reasonable factual
support for the allegations or assertions made. Plaintiff is advised to review and
become familiar with Fed. R. Civ. P. 11, as the failure to comply with its provisions
can result in the imposition of sanctions, including monetary fines or dismissal of
plaintiff’s case.
All pleadings, motions, or other papers filed with the Court by plaintiff must
also include a signed Certificate of Service. The Certificate of Service is confirmation
that plaintiff has complied with the requirements of Fed. R. Civ. P. 5 by serving on
every other party to the action (or its attorney) a copy of the particular pleading,
motion, or other paper filed with the Court. At a minimum, a Certificate of Service
must state the date upon which a copy of the particular document was served on the
other parties to the action (or their attorneys) and the means by which such service
was made (for example, U.S. Mail, Federal Express, or hand delivery).
As previously mentioned, all requests for relief from, or action by, the Court

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must be in the form of a motion. If plaintiff seeks any relief from, or action by, the
Court, or seeks the entry of an order of any kind, plaintiff must file a proper motion
requesting that relief. The motion must meet the requirements of all applicable rules,
including the Local Rules and the Federal Rules of Civil Procedure. All motions must
be accompanied by a legal memorandum with citation of authorities in support of the
relief requested. See M.D. Fla. R. 3.01(a). The motion and memorandum shall be filed
as one single document, however, and cannot exceed twenty-five pages (25) in length.
See id. Further, plaintiff is advised that prior to filing most motions, Local Rule 3.01(g)
requires that he confer with opposing counsel in a good faith attempt to resolve the
issue. Plaintiff must include a certification in the motion that he has complied with
this requirement, and he shall also notify the Court whether the parties agree on the
relief requested. The Court would note that Local Rule 3.01 sets forth several other
important requirements and rules governing motions filed with the Court. The failure
to comply with these requirements or any other rule may result in the denial of the
motion.
Plaintiff is also cautioned that he must abide by and comply with all orders of
this Court. Failure to do so may result in sanctions, including dismissal of this case.
Lastly, plaintiff is reminded that, although he is now proceeding pro se, he is
not relieved of all of the obligations that rest upon an attorney. There are still many
requirements with which plaintiff must comply, including those imposed by the
Federal Rules of Civil Procedure and the Local Rules of this Court. Plaintiff is warned
that the failure to comply with these requirements and obligations can have

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significant consequences. For example, failure to respond to discovery requests as
described in the rules may result in sanctions. See Fed. R. Civ. P. 37. In addition,
failure to conduct a timely Case Management Conference and submit a Case
Management Report can result in dismissal of this case for lack of prosecution. See
M.D. Fla. R. 3.05, 3.10.
Accordingly, it is hereby
ORDERED:
1.

Plaintiff’s

motion

to

proceed

in

forma

pauperis

(Doc.

13)

is

WITHDRAWN.
2.

The January 30, 2015 Report and Recommendation (Doc. 15) is MOOT.

3.

Plaintiff’s motion to reopen the case (Doc. 17) is GRANTED. The Court’s

July 3, 2014 dismissal (Doc. 8) is VACATED. The Clerk should reopen the case.
4.

Plaintiff shall review and comply with the provisions of this Order, as

well as the Federal Rules of Civil Procedure, the Local Rules of the Middle District of
Florida, and any applicable statutes and regulations.
5.

On or before July 28, 2015, plaintiff shall perfect service of process on

all defendants, and file with the Court proof of service or waiver of service.
DONE AND ORDERED at Jacksonville, Florida this 14th day of April, 2015.

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bjb
Copies to:
Honorable Joel B. Toomey
United States Magistrate Judge
Ernest Robinson
4803 St. Johns Ave., Apt. #209
Palatka, FL 32177
Attachment: Excerpt from “United States District Court Middle District of Florida
Guide for Proceeding Without a Lawyer”

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