Emrit v. Sarasota Housing Authority et al

Filing 9

ORDER: Plaintiff's Motion to Subpoena Witnesses (Dkt. #4) is DENIED as premature. The Clerk may not issue any subpoenas in this case until the filing fee is paid or the Court determines Plaintiff's in forma pauperis status. Plaintiff' ;s Motion to Have the Court Waive the Fees/Costs Associated with Accessing PACER and CM/ECF (Dkt. #5) is DENIED.Plaintiff's Motion to Compel Discovery (Dkt. #6) is DENIED as premature. Plaintiff's Motion to Have Pro Bono Public Attorney Appointed to Represent the Plaintiff (Dkt. #7) is DENIED. Plaintiff's Motion to Set a Trial Date and an Expedited Preliminary Hearing (Dkt. #8) is DENIED. Signed by Judge James S. Moody, Jr. on 3/20/2014. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RONALD SATISH EMRIT,
Plaintiff,
v.

Case No: 8:14-cv-565-T-30EAJ

SARASOTA HOUSING AUTHORITY
and U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT,
Defendants.

ORDER
THIS CAUSE comes before the Court upon the Plaintiff's Motion to Subpoena
Witnesses (Dkt. #4), Motion to Have the Court Waive the Fees/Costs Associated with
Accessing PACER and CM/ECF (Dkt. #5); Motion to Compel Discovery (Dkt. #6);
Motion to Have Pro Bono Public Attorney Appointed to Represent the Plaintiff (Dkt. #7);
and Motion to Set a Trial Date and an Expedited Preliminary Hearing (Dkt. #8). Upon
review and consideration, it is the Court’s conclusion that the Motions should be denied.
Plaintiff brings this action pro se against Defendants alleging violation of his civil
rights, and tortious acts including negligence, intentional infliction of emotional distress
and tortious interference with family relations. The basis of Plaintiff’s claims is that the
Defendants denied him “Section 8” subsidized housing. Plaintiff has filed an Affidavit of
Indigency to obtain leave to proceed in forma pauperis.

Plaintiff has not alleged or filed any pleading showing that he has served either
Defendant. Therefore, Plaintiff’s Motions are premature. Further, to the extent that
Plaintiff demands that the Court pay for the fees associated with issuing subpoenas and
accessing PACER and CM/ECF for electronic filing, the Court has no grounds to do so.
As to Plaintiff’s request for appointment of counsel, a district court has
discretionary authority under 28 U.S.C. § 1915(e)(1) to appoint counsel for indigent
litigants in civil cases. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). However, a
plaintiff in a civil case has no constitutional right to counsel. Id.; Killian v. Holt, 166 F.3d
1156 (11th Cir. 1999). "Appointment of counsel in civil cases is . . . a privilege justified
only by exceptional circumstances, such as the presence of facts and legal issues [which]
are so novel or complex as to require the assistance of a trained practitioner." Kilgo v.
Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (quotations and citation omitted) (brackets in
original); see also Holt v. Ford, 862 F.2d 850 (11th Cir. 1989). Upon reviewing the
pleadings and record in this action, the Court concludes that there are no exceptional
circumstances to merit the appointment of counsel.
Plaintiff is cautioned that although he is appearing pro se, he is required to comply
with the Local Rules of the Middle District of Florida and the Federal Rules of Civil
Procedure. 1

Failure to do so could result in sanctions, including dismissal of the

complaint. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.), cert. denied, 493 U.S.
863 (1989).
1

For more information regarding pro se representation in civil proceedings, please see the Middle District of
Florida’s website at http://www.flmd.uscourts.gov/pro_se/default.htm#.

2

It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff's Motion to Subpoena Witnesses (Dkt. #4) is DENIED as
premature.

2.

The Clerk may not issue any subpoenas in this case until the filing fee is paid
or the Court determines Plaintiff’s in forma pauperis status.

3.

Plaintiff's Motion to Have the Court Waive the Fees/Costs Associated with
Accessing PACER and CM/ECF (Dkt. #5) is DENIED.

4.

Plaintiff's Motion to Compel Discovery (Dkt. #6) is DENIED as premature.

5.

Plaintiff's Motion to Have Pro Bono Public Attorney Appointed to Represent
the Plaintiff (Dkt. #7) is DENIED.

6.

Plaintiff's Motion to Set a Trial Date and an Expedited Preliminary Hearing
(Dkt. #8) is DENIED.

DONE and ORDERED in Tampa, Florida, this 20th day of March, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2014\14-cv-565 various motions 4 5 6 7 8.docx

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