Russell v. Mells et al
| Viola Russell |
| Linda B. Mells and GV St. Pete, LLC |
| 8:2026cv00854 |
| March 27, 2026 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Thomas G Wilson |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2026. A more recent docket listing may be available from PACER.
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| Filing 15 Proposed US Marshal 285 form for Personal Service. (Attachments: #1 Mailing Envelope)(AA) |
| Filing 14 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Viola Russell. (Attachments: #1 Mailing Envelope)(AA) Motions referred to Magistrate Judge Thomas G. Wilson. |
Filing 13
TEXT ORDER denying Plaintiff's #12 Request for Permission to Use the Florida Courts E-Filing Portal as a Pro Se Litigant. The Court declines to make an exception to the general rule that "a pro se litigant is not permitted to file documents in CM/ECF." United States District Court Middle District of Florida, Administrative Procedures for Electronic Filing, p. 3 (April 1, 2024). It does not appear that CM/ECF access is "necessary to avoid unreasonable burdens and to promote access to information." See Hebdon v. Diabetes & Endocrine Ctr. of Fla., P.A., No. 6:22-CV-1879-WWB-DCI, 2023 WL 2186038, at *2 (M.D. Fla. Feb. 23, 2023). The Court notes, however, that a member of the public can access electronic filings by registering online with PACER. Signed by Judge John L. Badalamenti on 4/14/2026. (SV)
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| Filing 12 MOTION for Miscellaneous Relief, specifically for Permission to Use E-Filing Portal by Viola Russell. (Attachments: #1 Mailing Envelope)(CTR) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Viola Russell. Related case(s): Yes (Attachments: #1 Mailing Envelope)(CTR) |
| Filing 10 AMENDED COMPLAINT against GV St. Pete, LLC, Linda B. Mells with Jury Demand. filed by Viola Russell. Related document: #1 Complaint filed by Viola Russell. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Mailing Envelope)(CTR) |
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Filing 9
STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 4/6/2026. (KMN)
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Filing 8
TEXT ORDER. Plaintiff's Complaint (Doc. #1) is DISMISSED without prejudice as an impermissible shotgun pleading. The Complaint "contain[s] multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint." Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1321-23 (11th Cir. 2015). Count I of the Complaint fails to incorporate any factual allegations. Embree v. Wyndham Worldwide Corp., 779 F. App'x 658, 662-64 (11th Cir. 2019) (affirming a district court's dismissal of a complaint as a shotgun pleading where it "did not incorporate any of the preceding general allegations into each count"); Johnston v. Anti-Defamation League, No. 6:24-CV-1465-JSS-NWH, 2025 WL 2029744, at *6 (M.D. Fla. July 21, 2025) (dismissing a complaint without prejudice as a shotgun pleading because it "appear[ed] that no count incorporate[d] any of the paragraphs before it, including paragraphs that identify the parties, allege jurisdiction, and contain factual support for the counts"). Additionally, the Complaint does not contain any general factual allegations. Accordingly, Plaintiff's #1 Complaint is DISMISSED without prejudice. Plaintiff's Motion to Proceed In Forma Pauperis (Doc. #2) and Request for E-Filing Access (Doc. #3) are DENIED as moot. Plaintiff shall have leave to file an amended complaint. Should Plaintiff do so, Plaintiff must file such within twenty-one (21) days from the date of this Order. No additional claims may be raised in any second amended complaint. See Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires."); Silberman v. Miami Dade Transit, 927 F.3d 1123, 1132 (11th Cir. 2019) ("A pro se plaintiff must be given at least one chance to amend the complaint before the district court dismisses the action with prejudice[.]"). Failure to timely file an amended complaint may result in the dismissal of this action without further notice. Signed by Judge John L. Badalamenti on 3/30/2026. (SV)
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Filing 7
CIVIL Action Order. Signed by Judge John L. Badalamenti on 3/30/2026. (BGS)
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| Filing 6 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) |
| Filing 5 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (BGS) |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by Viola Russell. Related case(s): Yes (Attachments: #1 Mailing Envelope)(AA) |
| Filing 3 MOTION for Permission to Use the Florida Courts E-Filing Portal as a Pro Se Litigant by Viola Russell. (Attachments: #1 Text of Proposed Order, #2 Mailing Envelope)(AA) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Viola Russell. (Attachments: #1 Mailing Envelope)(AA) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 1 COMPLAINT against GV St. Pete, LLC, Linda B. Mells with Jury Demand filed by Viola Russell. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet, #3 Cover Letter, #4 Mailing Envelope)(AA) |
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