ADAM OF THE LIBONATI FAMILY NAME
v.
LENHART
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The court held that the plaintiff's motion for a preliminary injunction and his complaint are denied and dismissed, respectively, without prejudice.
The pro se plaintiff filed a complaint and a motion for a preliminary injunction. The plaintiff failed to provide supporting evidence for the injuncti…
The full statement of facts, procedural history, and disposition for this case are member content.
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Before the Court is pro se Plaintiff Adam of the Libonati Family Name's Complaint (Doc. 1) and Motion for Preliminary Injunction (Doc. 3). Plaintiff's Motion for Preliminary Injunction does not contain specific facts supported by a verified complaint, affidavit, or other evidence demonstrating an entitlement to relief; a precise and verified explanation of the amount and form of the required security; or a proposed order. See M.D. Fla. Loc. R. 6.01(a), 6.02(a)(1); Fed. R. Civ. P. 65(c). Additionally, Plaintiff does not appear to have provided notice of the Motion for Preliminary Injunction (Doc. 3) to Defendants. See Fed. R. Civ. P. 65(a)(1). Plaintiff's Motion for Preliminary Injunction (Doc. 3) is therefore DENIED without prejudice.
As another matter, Plaintiff (who is not in custody) has yet to pay the filing fee
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or move to proceed without prepayment of costs. See 28 U.S.C. § 1915 (allowing a litigant to commence a civil action without prepayment of the filing fee if the litigant submits an affidavit showing they are unable to pay). This action is therefore DISMISSED without prejudice. See 28 U.S.C. § 1914(c) (“Each district court by rule or standing order may require advance payment of fees."); Local Rule 1.05(c) ("The clerk must accept an initial paper from a person in custody even if no filing fee or motion for leave to proceed in forma pauperis accompanies the paper." (emphasis added)); Myers v. City of Naples, Fla., No. 23-13073, 2024 WL 4691100, at *2 (11th Cir. Nov. 6, 2024) (affirming the dismissal of an unrepresented, non-prisoner litigant's complaint for failure to contemporaneously pay the filing fee or move in forma pauperis). If Plaintiff wants to proceed with his claims, he may file another complaint under a separate case number that is accompanied by the required filing fee or a signed long-form application to proceed without prepaying fees or costs (available at www.uscourts.gov/sites/default/files/ao239 1.pdf).
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Accordingly, it is now ORDERED:
1. Plaintiff's Motion for Preliminary Injunction (Doc. 3) is DENIED without prejudice.
2. The Complaint (Doc. 1) is DISMISSED without prejudice.
3. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida on June 6, 2025.
Job J Balenti
JOHN L. BADALAMENTI
UNITED STATES DISTRICT JUDGE
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