SAMYSHIA JONES
v.
JUDGE MONIQUE SCOTT
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A pro se plaintiff filed a civil complaint against a judge without paying the required filing fee or submitting an application to proceed in forma pauperis. The district court dismissed the complaint without prejudice for failure to comply with filing fee requirements.
The court dismissed the complaint without prejudice because the plaintiff failed to either pay the required filing fee or submit a signed application to proceed in forma pauperis as required by federal statute and local rule.
[1] A pro se litigant who is not in custody must pay the filing fee or move to proceed in forma pauperis to commence a civil action.
[2] A complaint filed without payment of the required filing fee or a motion to proceed in forma pauperis may be dismissed without prejudice.
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“Each district court by rule or standing order may require advance payment of fees.”
Establishes the authority for courts to require filing fees before accepting complaints.
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Join FLexlaw to unlock all legal intelligenceSamyshia Jones, a pro se plaintiff who is not in custody, filed a civil complaint against Judge Monique Scott. Jones did not pay the filing fee nor di…
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Before the Court is pro se Plaintiff Samyshia Jones's Complaint. (Doc. 1). Plaintiff (who is not in custody) has yet to pay the filing fee 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). The Court thus dismisses this action 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 her claims, she 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).
Accordingly, it is now
ORDERED:
1. The Complaint (Doc. 1) is DISMISSED without prejudice. 2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED in Tampa, Florida, on October 17, 2025.
JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Izquierdo v. Alligator Alcatraz (M.D. Fla. 2025)…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. 2383-13073, 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). Accordingly, it is now ORDERED: 1. This case is DI…
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Adam of the Libonati family name v. Lenhart (M.D. Fla. 2025)…s."); 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 fil…