Vasilis Sideratos v. State of Florida, et al.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

VASILIS SIDERATOS,

Plaintiff,

v. Case No. 8:26-cv-2253-JLB-TGW

STATE OF FLORIDA, et al.

Defendants. __________________________________/

ORDER

Plaintiff, a pre-trial detainee at the Hillsborough County Jail, filed a civil rights complaint (Doc. 1) and an “Emergency Motion for Preliminary [Injunctive] Relief.” (Doc. 3). In his motion, Plaintiff asserts that jail officials are denying him sufficient papers, pens, pencils, envelopes, and access to the law library. (Doc. 3 at 1, 4). He asserts that the denial of these items and access to the law library prevents him from accessing the courts. (Id. at 2). He seeks an injunction directing Defendants to provide him with access to the law library and these materials. (Id. at 4). To establish a right to a preliminary injunction, Plaintiff must show “(1) substantial likelihood of success on the merits; (2) irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest.” McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1306 (11th

Cir. 1998). A preliminary injunction is an extraordinary and drastic remedy that should not be granted unless the movant clearly establishes all four prerequisites. See id. First, Plaintiff’s complaint (Doc. 1) is difficult to decipher and appears

to include several misjoined claims. The Court directs Plaintiff to file an amended complaint if he wishes to proceed with this litigation. See Fed. R. of Civ. Proc. 8 (“A pleading that states a claim for relief must contain . . . a short and plain statement of the claim showing that the pleader is entitled to

relief . . . .”). In the absence of a complaint that states a cognizable claim, it is axiomatic that Plaintiff cannot demonstrate a likelihood of success on the merits. Next, Plaintiff has not shown that a preliminary injunction is necessary

to prevent irreparable injury. The Eleventh Circuit has “emphasized on many occasions, the asserted irreparable injury ‘must be neither remote nor speculative, but actual and imminent.’” Siegel v. LePore, 234 F.3d 1163, 1176–77 (11th Cir. 2000) (quoting Northeastern Fla. Chapter of the Ass’n of

Gen. Contractors v. City of Jacksonville, 896 F.2d 1283, 1285 (11th Cir.

2 1990)). Here, Plaintiff fails to allege any actual injury to support his claim that jail officials have denied him access to the courts. See Bass v.

Singletary, 143 F.3d 1442, 1445 (11th Cir. 1998) (“The doctrine of standing requires that an inmate alleging a violation of the right of access to the courts must show an actual injury . . . . Thus, the prison officials’ actions which allegedly infringed an inmate’s right of access to the courts must have

frustrated or impeded the inmate’s efforts to pursue a nonfrivolous legal claim.” (citing Lewis v. Casey, 518 U.S. 343, 349–50 (1996))). To the extent Plaintiff asserts that deprivation of the legal and writing materials prevents him from litigating his state-court criminal case, he cannot show irreparable

injury because counsel represents him in those proceedings.1 See, e.g., Jacobs v. Georgia, 820 F. App’x 882, 887 (11th Cir. 2020) (finding the plaintiff cannot demonstrate actual injury in an access to courts claim as counsel represented him in his criminal case).

Accordingly, it is ORDERED that: 1. Plaintiff’s “Emergency Motion for Preliminary [Injunctive] Relief” (Doc. 3) is DENIED.

1 The Court takes judicial notice of records on the Hillsborough County Clerk of the Court’s website, https://hover.hillsclerk.com/html/case/caseSummary.html, that reveals Plaintiff is represented by the Public Defender’s Office in his criminal case. See Fed. R. Evid. 201.

3 2. Plaintiff's incomprehensible complaint (Doc. 1) is DISMISSED without prejudice under Federal Rule of Civil Procedure 8. 3. The Clerk of the Court is directed to mail with Plaintiffs copy of this Order a court-approved form for filing a civil rights complaint. This case number should be written on the form. 4, Plaintiff has thirty (80) days from the date of this Order to file an amended complaint, submitted on the court form, in compliance with this Order. 5. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court shall, without further notice, dismiss this action. DONE and ORDERED in Tampa, Florida, on August 10, 2026.

JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE