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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-12328
Non-Argument Calendar
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D.C. Docket No. 1:17-cv-05320-TWT
RENEE C. ALLEN-ARMBRISTER,
Plaintiff-Appellant,
versus
COLONIAL PIPELINE COMPANY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(July 1, 2020)
Before NEWSOM, BRANCH and BLACK, Circuit Judges.
PER CURIAM:
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Renee Allen-Armbrister (Armbrister), proceeding pro se, appeals the district
court’s dismissal of her employment discrimination lawsuit, as well as the court’s
denial of several motions seeking reasonable accommodation. She argues on
appeal that, first, the district court abused its discretion in dismissing her complaint
for want of prosecution and denying her further leave to amend her complaint.
Second, she argues that the district court abused its discretion in denying her
requests for reasonable accommodation. After review, we affirm.
The Federal Rules of Civil Procedure authorize a district court to dismiss
actions for failure to comply with the rules or any order of the court. Fed. R. Civ.
P. 41(b). Moreover, under Northern District of Georgia Local Rule 41.3(A)(2), the
district court may, with or without notice to the parties, dismiss a civil case for
want of prosecution if a plaintiff fails or refuses to obey a lawful order of the court.
N.D. Ga. L.R. 41.3(A)(2).
The district court did not abuse its discretion in dismissing Armbrister’s
complaint for want of prosecution. Despite numerous warnings, Armbrister
repeatedly flouted the magistrate judge’s orders by filing shotgun pleadings that
exceeded the page limits set by the court and failing to comply with multiple
deadlines. See United States ex rel. Atkins v. McInteer,
470 F.3d 1350, 1354 n.6
(11th Cir. 2006) (noting this Court has repeatedly condemned shotgun pleadings);
Moon v. Newsome,
863 F.2d 835, 837 (11th Cir. 1989) (“[D]ismissal upon
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disregard of an order, especially where the litigant has been forewarned, generally
is not an abuse of discretion.”).
Specifically, the magistrate judge granted Armbrister leave to amend her
complaint, and he explained in detail why her proposed 288-page amended
complaint was a shotgun pleading that did not state a viable claim. Instead of
complying with the magistrate judge’s order to file a 35-page complaint or show
cause as to why her complaint should not be dismissed, Armbrister filed a motion
for reconsideration, arguing in part that her proposed complaint was sufficient. In
denying that motion, the magistrate judge again explained why the proposed
complaint was insufficient. The magistrate judge even granted her an additional 10
pages (for a total of 45 pages) and extended the time for Armbrister to file her
amended complaint.
But Armbrister again failed to file an appropriate amended complaint by the
deadline and instead filed a request for reasonable accommodation one day before
the extended deadline. The magistrate judge denied her request but expanded the
page limit by another five pages and granted Armbrister yet another extension of
time—this time for 60 days. Despite those additional extensions—and despite a
warning from the district court that it would grant no further extensions—
Armbrister again failed to comply, instead choosing to file a slew of additional
motions for accommodation and reconsideration, along with yet another pleading
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that did not comply with the court’s orders. 1 Although Armbrister, as a pro se
litigant, was to be treated leniently and given an opportunity to amend her
defective pleading, that leniency cannot excuse her failure to conform to
procedural requirements prescribed by the Federal Rules of Civil Procedure and
the district court’s local rules. See Loren v. Sasser,
309 F.3d 1296, 1304 (11th Cir.
2002).
The record demonstrates that Armbrister engaged in a clear pattern of delay
and consistently filed deficient and impermissibly lengthy pleadings. Under these
circumstances, it was well within the district court’s discretion to dismiss
Armbrister’s complaint with prejudice for want of prosecution due to her repeated
failure to comply with the court’s orders. See Kilgo v. Ricks,
983 F.2d 189, 192
(11th Cir. 1993).
As to Armbrister’s requests for reasonable accommodations, we conclude the
district court did not abuse its discretion in denying those requests. Armbrister
repeatedly asked the magistrate judge and district court to provide her certain
accommodations due to alleged mental and psychological disorders that impacted
1
We acknowledge Armbrister did eventually file a final amended complaint that
complied with the magistrate judge’s 50-page limit, and that she did so before the district court
officially dismissed her case (though after the magistrate judge had entered his final Report and
Recommendation). But the district court was not obliged to grant yet another motion to amend
at that late stage. See Bryant v. Dupree,
252 F.3d 1161, 1163 (11th Cir. 2001) (noting that while
a district court should give a plaintiff the opportunity to amend her complaint, it is not required
to do so if “there has been . . . repeated failure to cure deficiencies by amendments previously
allowed”).
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her ability to think, communicate, and concentrate. She requested, among other
things, the right to file a complaint that would vastly exceed the generally applicable
page limit (over 200 pages) and additional extensions of time in which to comply
with the court’s orders. She also requested the court provide her with clear and
simple instructions as to how to rectify the issues with her pleadings.
Armbrister’s request to file a 200-page complaint was patently unreasonable
given the nature of her claims, and she had already been granted an extended page
limit of 50 pages. Further, it was completely within the court’s discretion to refuse
to grant her more time, particularly because Armbrister had already been given six
months to file an amended complaint in compliance with the original order to file a
proper amended complaint. See Fed. R. Civ. P. 6(b)(1); Johnson v. Bd. of Regents
of Univ. of Ga.,
263 F.3d 1234, 1269 (11th Cir. 2001). As for her request for simple,
step-by-step instructions, we find the magistrate judge’s multiple explanations of the
problems with Armbrister’s proposed pleadings were more than adequate. The court
was not required to and, indeed, could not act as Armbrister’s counsel or re-write
her otherwise deficient pleadings for her. See Campbell v. Air Jamaica Ltd.,
760
F.3d 1165, 1168–69 (11th Cir. 2007).
Armbrister’s contention that the district court’s denial of her repeated
requests for accommodations denies her access to the court is unpersuasive.
Although she is entitled, as are all litigants, to reasonable access to the courts, this
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access is generally considered provided to pro se litigants where they have been
granted leave to proceed in forma pauperis, as Armbrister was. See
Moon, 863
F.2d at 837.
Because we conclude the district court did not abuse its discretion in
dismissing Armbrister’s complaint or in declining to provide her with requested
accommodations, we affirm.
AFFIRMED.
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