BENJAMIN JOSEPH LIGIERI
v.
AMAZON.COM, INC.
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The court denied the plaintiff's motion for leave to file an amended complaint and for CM/ECF access.
[1] Pro se litigants must comply with local rules requiring conferral and submission of memoranda of legal authority in support of motions.
[2] A party seeking leave to file an amended complaint after the deadline must demonstrate excusable neglect for the delay in order to obtain relief under Federal Rule of Civ…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a pro se litigant 'is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.'”
Court citing Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) to establish that pro se litigants must comply with procedural rules
Plaintiff, appearing pro se, moved for leave to file an amended complaint, a corrected motion for TRO/preliminary injunction, and requested CM/ECF acc…
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Before the Court is a Motion for Leave to File Amended Complaint and to File Future Documents Via CM/ECF, filed by Plaintiff, who appears pro se. Doc. No. 22. By the motion, Plaintiff seeks leave of Court to file several documents: an amended complaint and related exhibits, a corrected motion for temporary restraining order/preliminary injunction, and a supporting declaration. See Doc. Nos. 22-1 through 22-25. Plaintiff also requests access to e-filing via CM/ECF. Doc. No. 22.
On review, the motion will be DENIED without prejudice. First, the motion does not comply with the conferral requirements of Local Rule 3.01(g). Second, the motion does not comply with Local Rule 3.01(b) because it does not include a memorandum of legal authority in support. See also Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir. 1989) (a pro se litigant “is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.”), cert. denied, 493 U.S. 863 (1989).
The Court also notes that the deadline for Plaintiff to file an amended complaint expired on November 30, 2025, and the instant motion was not filed until December 15, 2025. See Doc. Nos. 15, 22. Thus, Plaintiff must demonstrate excusable neglect for failure to comply with the November 30, 2025 deadline, which is not addressed in the present motion. See Doc. No. 15; Fed. R. Civ. P. 6(b)(1)(B). And given that there is no current operative complaint, there does not appear to be a basis for the renewed motion for temporary restraining order/preliminary injunction at this time. See also Doc. No. 20. [fn 1] Insofar as Plaintiff requests access to filing via CM/ECF, “[w]hile an unrepresented individual may obtain the Court's permission to file his submissions electronically using the CM/ECF system, such authorization is typically denied unless the pro se party makes a showing of good cause or extenuating circumstances justifying such relief.” Hooker v. Wilkie, No. 8:20-cv-1248-T-02CPT, 2020 WL 6947482, at *1 (M.D. Fla. June 4, 2020) (citations omitted). Here, Plaintiff makes no such showing, merely noting delays with filings and his experience with PACER. Doc. No. 22.
For these reasons, the motion (Doc. No. 22) is DENIED without prejudice. In any renewed motion, Plaintiff must support, by argument and citation to legal authority, each of the forms of relief he seeks.
DONE and ORDERED in Orlando, Florida on December 19, 2025.
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
[fn 1]: Even if there were an operative complaint, it is unclear why leave of Court would be required.
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Authorities Cited
- Moon v. Lanson Newsome, 863 F.2d 835 (11th Cir. 1989)
- Crockett v. Orange Cnty. Bd. of Cnty. Comm'rs, 2025 WL 2 (M.D. Fla. 2025)