United States District Court, M.D. Florida, Fort Myers Division
DANIEL A. BERNATH, Plaintiff,
MARK CAMERON SEAVEY, Defendant.
PRE-SUIT INJUNCTION ORDER 
POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
This matter comes before the Court on review of the file. The
Court has declared Bernath to be a vexatious litigant because
of his excessive filing and repeated failures to comply with
the Federal Rules of Civil Procedure, the Middle District of
Florida Local Rules, and the Court's orders. (Doc.
259; Doc. 255). It also has granted (and
modified) a pre-suit injunction against Bernath for filing
any new suits in the United States District Court for the
Middle District of Florida. (Doc. 259; Doc. 295).
For clarity's sake, this Pre-Suit Injunction Order
reiterates the procedures for Bernath, the Clerk's
Office, and the Court to follow if Bernath seeks to file a
new complaint and other initiating document in this
it is ORDERED:
Clerk of Court shall open a miscellaneous case titled,
“In re: Daniel A. Bernath” that contains this
Order as the first docket entry.
Bernath may not file, as a pro se litigant,
new lawsuit, action, proceeding, writ, or other matter
against Mark Seavey and The American Legion in the United
States District Court for the Middle District of Florida
without first obtaining leave of court. In moving for leave,
Bernath must adhere to these procedures:
a. file a motion titled, “Motion Seeking Leave to File
b. attach as “Exhibit 1” to the motion the
proposed new complaint;
c. attach as “Exhibit 2” a copy of this Order;
d. attach as “Exhibit 3” a sworn affidavit from
Bernath certifying that (1) the complaint raises a new issue
that has never been previously raised by him in this or any
other court; (2) the claim or issue is not frivolous,
vexatious, or harassing; and (3) the document is not filed in
Bernath does not follow the above procedures, the Clerk is
DIRECTED to reject any new complaint and
make an entry on the docket in the miscellaneous case file to
reflect that a new complaint was rejected and returned for
failure to comply with the pre-filing screening procedures.
Bernath meets the pre-filing procedures, the Clerk is
DIRECTED to forward his motion and exhibits
to the senior Magistrate Judge in the applicable division for
review. The Magistrate Judge must decide whether the
complaint has arguable merit; that is, a material basis in
law and fact. No abusive, frivolous, scandalous, or otherwise
impertinent complaint will be permitted.
a. If the action is arguably meritorious, the Magistrate
Judge shall issue an order so stating and directing the Clerk
to file the complaint for random assignment. The Magistrate
Judge's order shall be docketed with the complaint in the
new civil case.
b. If, however, the Magistrate Judge's preliminary review
determines that the complaint has no arguable merit, the
Magistrate Judge shall enter an order denying the motion, in
which event the complaint will not be filed with the Court.
Instead, the Clerk shall return the motion and exhibits to
Bernath, after making a copy for the Court. The Magistrate
Judge's order and the copy of the motion and exhibits
must be filed in the miscellaneous case.
Bernath's failure to comply with the terms of this Order
will be sufficient grounds to deny any motion for leave to
file, and may be considered an act of ...