BERRY
v.
SMITH
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Pro se plaintiff Shawn Michael Berry sought permission to access the court's CM/ECF electronic filing system. The District Court denied his request, holding that he failed to demonstrate the extenuating circumstances necessary to justify waiving the standard CM/ECF procedures that generally restrict access to protect confidential information.
The court held that Berry failed to meet the standard required for CM/ECF access. To present a colorable request, a pro se litigant must show extenuating circumstances, including both financial and physical barriers making it extraordinarily difficult to acquire postage and deliver papers by mail, supported by verified affidavits and a complete disclosure of prior litigation history without adverse orders.
[1] Access to the CM/ECF system is generally restricted due to the confidential and sensitive information it contains.
[2] Pro se litigants, including incarcerated or civilly committed individuals, routinely litigate matters by mail.
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Join FLexlaw to unlock all legal intelligence“to present a colorable request for CM/ECF access, a pro se litigant must show that 'extenuating circumstances exist to justify waiving CM/ECF procedures.'”
Establishes the legal standard required for pro se parties seeking electronic filing system access
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Join FLexlaw to unlock all legal intelligenceShawn Michael Berry, a pro se litigant, filed a request for access to the CM/ECF system in a civil action against Taylor Smith and the City of Punta G…
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Pro se plaintiff Shawn Michael Berry requests permission to file papers via our CM/ECF system. But the system contains confidential and other sensitive information, and so access is generally restricted. See Administrative Procedures for Electronic Filing (Aug. 1, 2025) for the United States District Court, Middle District of Florida.
Even incarcerated or civilly committed pro se parties routinely litigate their matters by mail. So, to present a colorable request for CM/ECF access, a pro se litigant must show that "extenuating circumstances exist to justify waiving CM/ECF procedures." Huminski v. Vermont, No. 2:13-cv-692-FTM-29, 2014 WL 169848, *4 (M.D. Fla. Jan. 15, 2014); see also McMahon v. Cleveland Clinic Found. Police Dep't, 455 F. App'x 874, 878 (11th Cir. 2011) (affirming denial of CM/ECF access for pro se litigant because there was “no good cause under the circumstances of the case to authorize his access"). At a minimum, this would include both financial and physical barriers that make it extraordinarily difficult to acquire postage and submit envelopes to a mail carrier, and to otherwise deliver papers to the court.
The request would need to be verified (submitted under oath) and corroborated by affidavits from medical and other sources. Moreover, the applicant would need to demonstrate the absence of misuse of the judicial system by (1) identifying every state and federal case to which he or she is or was a pro se party; and (2) discussing the absence or presence of any adverse orders in those cases that dismissed any frivolous claims, dismissed any actions for failure to prosecute or to abide by court orders, or imposed any sanctions for such conduct such as a screening procedure before items would be accepted for filing.
For failing to meet this standard, the motion for CM/ECF access (Doc. 21) is DENIED.
ORDERED on September 22, 2025
NICHOLAS P. MIZELL United States Magistrate Judge