NEALY
v.
VILCHES
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The court denied a plaintiff's motion for mediation without prejudice for failure to comply with Local Rule 3.01(a) governing motion format, and because the case was procedurally premature given that the filing fee had not been paid, the in forma pauperis motion was still pending, and the defendant had not yet been served.
The motion for mediation is denied without prejudice because it fails to comply with Local Rule 3.01(a) and because the motion is procedurally premature given that the filing fee has not been paid, the in forma pauperis motion remains pending, and the defendant has not been served. Pro se litigants are subject to all applicable rules of court and federal rules of civil procedure.
“A motion must include — in a single document no longer than twenty-five pages inclusive of all parts — a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.”
Establishes the procedural requirements of Local Rule 3.01(a) that the plaintiff's motion failed to satisfy
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Join FLexlaw to unlock all legal intelligencePlaintiff Nealy filed a motion for mediation in a civil action against defendant Kevin Vilches. The motion did not comply with the applicable local ru…
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The motion fails to comply with Local Rule 3.01(a). See Local Rule 3.01(a) ("A motion must include in a single document no longer than twenty-five pages inclusive of all parts a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the
request.").
Pro se litigants must still comply with all applicable rules and procedures. See Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir.), cert. denied, 493 U.S. 863 (1989) (a pro se litigant "is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.").
In addition, Plaintiff has not paid the filing fee, her motion to proceed in forma pauperis remains pending before the Court, and Defendant has not yet been served in this action, making Plaintiff's requested relief premature. Plaintiff may reassert her motion should the matter proceed.
DONE and ORDERED in Orlando, Florida on September 27, 2024.
Leslie Hoffman Price UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties