WASHINGTON
v.
LAKESIDE VILLAS APARTMENT
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The court denied the plaintiff's motions because they failed to comply with local rules and procedural requirements, and were premature given the case's early stage.
Plaintiff filed two motions: one seeking to compel adherence to court rules and another for miscellaneous relief including writs and subpoenas. The de…
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MOTION: MOTION FOR MISCELLANEOUS RELIEF (Doc. No. 20) FILED: December 9, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
By this thirty-nine-page motion, it is again not clear what relief Plaintiff seeks, as he "submit[s] a writ of error and writ of mandamus for ruling dated November 15, 2024," seeks to “remove Roger Carpenter an employee of Lakeside Villas Apartment . . . [and] Michelle Mora an employee . . . as defendants,” and then asks to enforce subpoenas as to unidentified individuals. Doc. No. 20, at 1. Upon review, the motion does not comply with Local Rule 3.01(a) because it exceeds the page limitation for a motion, without leave of Court. And to the extent that Plaintiff objects to the November 15, 2024 Report (Doc. No. 16) or seeks to amend his complaint, he has separately filed objections to the Report and a motion to amend the complaint. See Doc. Nos. 17, 18. Moreover, insofar as Plaintiff is seeking issuance of subpoenas, no Defendant has yet been served or appeared in this case, and as such no case management conference has yet occurred and discovery has not yet opened; therefore, any attempts to obtain discovery are premature. See Fed. R. Civ. P. 26(d)(1). Accordingly, the motion (Doc. No. 20) is DENIED without prejudice.
Plaintiff is advised that although he proceeds pro se in this case, pro se litigants are "subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure." See Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989). Failures to comply with applicable Local Rules and Federal Rules of Civil Procedure may result in the imposition of sanctions.
DONE and ORDERED in Orlando, Florida on January 3, 2025.
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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Citator
Authorities Cited
- Moon v. Lanson Newsome, 863 F.2d 835 (11th Cir. 1989)
- Flores-Dominguez v. United States, 493 U.S. 863 (U.S. 1989)