Opinion

Shed v. University of South Florida Board of Trustees

Court
District Court, M.D. Florida
Filed
Jul 29, 2022
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

BOBBY SHED,

Plaintiff,

v. Case No: 8:22-cv-1327-KKM-TGW

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES, et al.,

Defendants.

ORDER

On July 18, 2022, Plaintiff Bobby Shed, proceeding pro se, filed an Amended

Complaint alleging various claims regarding retaliation and discrimination. (Doc. 15.)

Because the complaint constituted an impermissible shotgun pleading, the Court struck it

and directed Shed to file a second amended complaint by August 3, 2022. (Doc. 18.) The

Court also denied his motion to file electronically.

Shed now moves for an extension of time to file his second amended complaint.

(Doc. 22.) Finding good cause, the Court grants his motion for an extension of time in

part. He has until August 12, 2022, to file a second amended complaint. See FED. R. CIV.

P. 15(a)(2).

Shed also moves a second time to file electronically. (Doc. 23.) The general rule is

that pro se litigants must file paper documents with the Court and must establish “that an

exemption is necessary to avoid unreasonable burdens and to promote access to

information.” See Ogilvie v. Millsaps, No. 8:15-CV-2477-T-36JSS, 2015 WL 6688343,

at (M.D. Fla. Oct. 30, 2015). Unlike his first motion, Shed’s second motion to file

electronically includes reasons why filing electronically would be more convenient for him,

including that electronic filing “should reduce costs associated with delivering documents

to the Clerk’s Office.” But these reasons do not rise to the level of an unreasonable burden

to justify an exemption. The Court notes that any member of the public can access

electronic records of the federal courts by registering online with PACER.

Finally, Shed moves for clarification regarding the Court’s order striking his

amended complaint. He asks “[w]hich claims are without legal elements,” “[w]hich factual

allegations are irrelevant,” and for “some examples of allegations that are vague and

conclusory.” Although the Court may not provide legal advice, Shed is free to consult the

Middle District’s resources for pro se litigants. See Litigants Without Lawyers, MIDDLE

DISTRICT OF FLORIDA, https://www.flmd.uscourts.gov/litigants-without-lawyers (last

visited July 29, 2022).

Accordingly, the following is ORDERED:

1. Plaintiffs motion for an extension to file his second amended complaint is

GRANTED-IN-PART.

a. By August 12, 2022, Plaintiff may file a second amended complaint

consistent with the directives of this Order and in compliance with

Federal Rules of Civil Procedure 8(a)(2) and 10(b). Failure to file a

second amended complaint by this deadline will result in the dismissal of

this action without further notice.

2. Plaintiff's second motion to file electronically (Doc. 23) is DENIED.

3. Plaintiffs motion for clarification (Doc. 24) is RESOLVED.

ORDERED in Tampa, Florida, on July 29, 2022.

4 ay Ramla Ws etl

athryn’ Kimball Mizelle

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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