Anaya v. Miami City Hall

CourtDistrict Court, S.D. Florida
DecidedMay 9, 2025
Docket1:25-cv-21651
StatusUnknown

This text of Anaya v. Miami City Hall (Anaya v. Miami City Hall) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anaya v. Miami City Hall, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:25-cv-21651-CIV-GOODMAN

PEDRO ANAYA,

Plaintiff,

v.

MAYOR MIAMI CITY HALL,

Defendant(s). ______________________________________/

ORDER SUA SPONTE DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO RENEW

In this action for alleged civil rights violations under 42 U.S.C. § 1983, pro se1 Plaintiff Pedro Anaya (“Anaya” or “Plaintiff”) filed a Complaint [ECF No. 1 (“Complaint”)], an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) [ECF No. 3],2 and a Motion for Referral to the Volunteer Attorney

1 “‘Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys’ and are liberally construed.” Bingham v. Thomas, 654 F.3d 1171, 1175 (11th Cir. 2011) (quoting Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998)). Liberal construction, however, does not mean that a court may “act as de facto counsel or rewrite an otherwise deficient pleading to sustain an action.” Bilal v. Geo Care, LLC, 981 F.3d 903, 911 (11th Cir. 2020).

2 On May 7, 2025, Plaintiff paid the $ 405.00 filing fee and, as a result, the Court denied as moot the motion to proceed in forma pauperis [ECF Nos. 3; 7; 8]. There is therefore no need to discuss that motion further. Program [ECF No. 4]. Plaintiff later filed a “supplement” to the Complaint. [ECF No. 6 (“Supplement”)].

“Pursuant to Administrative Order 2025-11, the undersigned Chief United States Magistrate Judge has been assigned as the presiding Judge for all purposes in this case, including entering a dispositive order, presiding over any trial, and entering a final

judgment.” [ECF No. 5, p. 1]. For the reasons stated herein, the Undersigned dismisses without prejudice (but with leave to amend) Plaintiff’s Complaint [ECF No. 1], strikes the Supplement [ECF No.

6] as an unauthorized filing, and denies as moot the motion for referral to the Volunteer Attorney Program [ECF No. 4]. I. Background Plaintiff initiated this action by filing a complaint on a pre-printed, fill-in-the-blank

form, which (presumably) he completed himself. [ECF No. 1]. In Section I of the Complaint, he listed “Miami City Hall” as a defendant and under job or title, he wrote “Mayor.” Id. at 2. The Court notes that Plaintiff listed only Miami City Hall in the case caption for both the Complaint [ECF No. 1, p. 1] and the Civil Cover Sheet [ECF No. 1-1].

But it is not entirely clear whether Plaintiff intended to sue Miami City Hall, the Mayor, or both. Under Section II (Basis for Jurisdiction), Plaintiff indicated that he was suing state or local officials by bringing a Section 1983 claim. [ECF No. 1, p. 3]. He further alleged that he had suffered the following constitutional or statutory rights violations: “right of speech[,] religion, protections against unreasonable searches[,]

[and] cruel and unusual punishments.” Id. (capitalization omitted; grammatical errors in original). Under subsection C (concerning Bivens3 claims), Plaintiff wrote “all above” and “Miranda rights violated.” Id.4

The Complaint alleged that Plaintiff was subjected to a strip search (or, possibly, multiple strip searches), where he was required to “bend over with [his] [buttocks] spread out[,]” “cough [three] times, and lift [his] [scrotum].” Id. at 4. This incident (or incidents)

allegedly took place from “2011 through 2021.” Id. [Plaintiff did not specifically identify the actors (presumably police officers or jail personnel) who engaged in this purportedly unlawful strip search.] The Complaint also alleged “excessive police force with injuries” and “death

attempts with torture,” but it is unclear whether Plaintiff is characterizing the strip search(es) as such or whether he is referring (in a vague and conclusory manner) to some other event(s). Id. Even more confusing, although Plaintiff wrote “excessive police force

3 Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971).

4 Although Plaintiff completed the portion of the pre-printed form addressing Bivens claims, Plaintiff is not bringing a Bivens claim because he has not sued any federal officials. See Abella v. Rubino, 63 F.3d 1063, 1065 (11th Cir. 1995) (“A § 1983 suit challenges the constitutionality of the actions of state officials; a Bivens suit challenges the constitutionality of the actions of federal officials.”). with injuries,”5 under the “Injuries” section of his Complaint (Section IV), he wrote “none.” Id. at 5.

Lastly, under the section addressing relief (Section V), Plaintiff stated that he was seeking to “[h]ave all record cleared for false arrest on file City of Miami.” Id. (grammatical errors in original).

For the reasons discussed below, Plaintiff’s Complaint is an impermissible shotgun pleading, fails to name proper defendants, and fails to state a claim upon which relief can be granted.

II. Other Lawsuits Although Plaintiff has not been flagged as a restricted filer,6 since October 16, 2024, he has filed a total of seven lawsuits (including the instant action) alleging Section 1983 claims against “City Hall Miami Beach”, “Miami Beach City Hall”, “Miami Beach

City Hall Mayors”, “Miami City Hall” and/or “Mayor”, and one lawsuit against the U.S. Drug Enforcement Administration. For the most part, judges in this District have dismissed without prejudice

5 [ECF No. 1, p. 4]. 6 A “restricted filer” is a litigant upon whom the Court has placed prefiling restrictions due to a history of repetitive or vexatious litigation. “The Court is authorized to restrict access to vexatious and abusive litigants” and “such litigants only require fair notice of the possible imposition of sanctions and an opportunity to respond orally or in writing.” Vanness v. Evil Empire Crim. Enter., No. 25-21220-CIV, 2025 WL 869998, at *5 (S.D. Fla. Mar. 20, 2025) (citations and internal quotation marks omitted). Plaintiff’s lawsuits for myriad pleading deficiencies: filing a shotgun pleading; failing to establish this Court’s jurisdiction; and improperly suing a building (as opposed to a

person or legal entity that can be sued). See Anaya v. City Hall Miami Beach, Case No. 1:24- cv-23995-RKA (“Judge Altman case”) (dismissing lawsuit for failure to file amended complaint correcting shotgun pleading and improper defendant deficiencies); Anaya v.

Miami City Hall, Case No. 1:24-cv-23996-BB (“Judge Bloom case”) (dismissing case without prejudice for failing to plead diversity jurisdiction requirements and failing to name a legal entity that can be sued); Anaya v. Miami City Hall, Case No. 1:25-cv-20599-

RKA (dismissing action without prejudice on shotgun pleading, improper defendant, and failing to plead jurisdiction grounds); Anaya v. Miami Beach City Hall, Case No. 1:25- cv-20601-CMA (dismissing case without prejudice because complaint was a shotgun pleading that named an improper defendant and failed to establish jurisdiction); Anaya

v. Miami Beach City Hall Mayors, Case No. 25-cv-21650-EIS (“Judge Sanchez case”) (still pending);7 and Anaya v. U.S. Drug Enf’t Admin., Case No. 1:25-cv-20515-RAR (dismissing case for failure to establish diversity jurisdiction; failure to plead waiver of sovereign

immunity; and shotgun pleading grounds).

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