Bright v. Thomas

CourtDistrict Court, M.D. Florida
DecidedApril 27, 2022
Docket8:22-cv-00024
StatusUnknown

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

Bluebook
Bright v. Thomas, (M.D. Fla. 2022).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LEON BRIGHT,

Plaintiff,

v. Case No: 8:22-cv-24-CEH-JSS

AUSTIN THOMAS, CHECKERS DRIVE-IN RESTUARANT, WOW BURGERS, CERTAIN UNDERWRITERS LLC, LLOYDS OF LONDON CORP., MICHELLE M. BARTELS ESQ., TAYLOR KUAFMAN ESQ., COLE SCOTT & KISSANE P.A., SKYLAR D. STEWART ESQ., DEREK J. BUSH ESQ., RISSMAN, BARRETT, HURT, DONAHUE,MCLAIN & MORGAN P.A., CLINTON D. FLAGG ESQ., PERDITA M. MARTIN ESQ., BERK, MERCHANT & SIMS PLC, CITY OF TAMPA, HILLSBOROUGH COUNTY, STATE OF FLORIDA, FLORIDA JUDICIAL QUALIFICATION COMMISSIONS, FLORIDA BAR ASSOCIATIONS, ANGEL DIDIOS, HECTOR MARCIAL-CASTROLOPEZ, CELESTE HANSELL, ELIZIBETH DURHAM, JOSEPH SHAJI, AMIN CHIRAG, URSULA RICHARDSON P.A., NICOLE SACKRIDER, JAMES WOLF and JANE DOE,

Defendants. ___________________________________/ ORDER This cause comes before the Court upon the Report and Recommendation of Magistrate Judge Julie S. Sneed (Doc. 7). In the R&R, Magistrate Judge Sneed

recommends that the Court: (1) dismiss, without prejudice, Plaintiff Leon Bright’s complaint and provide him with leave to file an amended complaint that complies with the Federal Rules of Civil Procedure within 20 days; (2) deny, without prejudice, Bright’s Motion for Injunctive Relief (Doc. 5); and (3) deny, without prejudice, Bright’s Motion for Leave to Proceed in Forma Pauperis (Doc. 2). Doc. 7 at 6–7.

Bright received a copy of the R&R, and the Court afforded him an opportunity to object in accordance with 28 U.S.C. § 636(b)(1). Bright timely objects (Doc. 8). Upon consideration of the R&R, Bright’s objections, and the Court’s independent examination of the file, the Court will overrule Bright’s objections, except that the Court will provide Bright with 28 days to file an amended complaint, adopt the R&R,

and dismiss Bright’s complaint, without prejudice. I. BACKGROUND Proceeding pro se, Leon Bright sues numerous defendants (Doc. 1) and moves to proceed in forma pauperis (Doc. 2).1 Bright also moves for injunctive relief (Doc. 5).

1 Pro se parties should review the Federal Rules of Civil Procedure and the Local Rules for the Middle District of Florida, which can be viewed on the Court’s website at https://www.flmd.uscourts.gov/local-rules. The Court encourages pro se parties to consult the “Litigants Without Lawyers” guide on the Court’s website, located at http://www.flmd.uscourts.gov/litigants-without-lawyers. Additionally, a pro se litigant handbook prepared by the Federal Bar Association is available to download at the following hyperlink: www.fedbar.org/prosehandbook. A pro se party may seek assistance from the Federal Bar Association by completing a request form at http://federalbartampa.org/pro- Although far from clear, Bright’s allegations appear to stem from an October 1, 2019 hearing in a civil action in state court. Bright alleges, in relevant part, that each defendant, their attorneys, and their law firms arranged and conspired with a state

court judge to schedule a hearing upon those defendants’ motions to dismiss Bright’s complaint. Doc. 1 at 7–8. According to Bright, “[e]ach and [e]very defendant,” “their [a]ttorneys, their [c]lients,” and their law firms knew that Bright was incarcerated in a Hillsborough County detention center before the hearing and lacked “transportation, counsel, or liberty to be present” at the scheduled hearing. Id. at 8 (original emphasis

removed). Bright alleges that these defendants, their attorneys, and their law firms held the hearing outside of his presence. Id. The state-court judge allegedly dismissed Bright’s complaint. Id. at 9. Given Bright’s request to proceed in forma pauperis, the Magistrate Judge

reviewed Bright’s complaint under 28 U.S.C. § 1915. Doc. 7 at 2. The Magistrate Judge concludes that Bright is eligible to proceed in forma pauperis in this action, but recommends that the Court dismiss the complaint, without prejudice, for failing to comply with the Federal Rules of Civil Procedure. Id. at 3, 6. After setting forth Rules 8(a) and 10(b) of the Federal Rules of Civil Procedure and identifying the four general

types of shotgun pleadings, the Magistrate Judge reasons: Plaintiff’s Complaint falls into each category of a shotgun pleading. The Complaint does not separate the allegations into separate claims for relief or identify which facts, if any, pertain to each defendant. Thus, the Complaint fails “to give the

bono. Civil forms, including form complaints, are available at the following hyperlink: https://www.flmd.uscourts.gov/forms/all/civil-forms. defendants adequate notice of the claims against them and the grounds upon which each claim rests.” Weiland, 792 F.3d at 1323. Additionally, the Complaint fails to identify the wrongful conduct of each defendant or how each defendant may have been involved in the alleged incidents. See Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996) (describing a complaint as “a perfect example of ‘shotgun’ pleading because it was “virtually impossible to know which allegations of fact [were] intended to support which claim(s) for relief”). Indeed, it is difficult to discern the factual basis of Plaintiff’s claims, as the Complaint contains numerous irrelevant allegations and accusations against non-party individuals and institutions. “[T]he pleading standard Rule 8 announces does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Id. at 4–5.2 As such, the Magistrate Judge also recommends that the Court deny, without prejudice, the Motion to Proceed in Forma Pauperis. Id. at 6. Further, the Magistrate Judge recommends that the Court deny, without prejudice, the Motion for Injunctive Relief because the conduct or event that Bright seeks to enjoin is unclear, Bright’s failure to articulate which claims he brings against which defendants prevents any determination that he may have a substantial likelihood of success on the merits, and Bright fails to establish that any immediate or irreparable injury may result in the absence of preliminary relief. Id. at 5–6. In response, Bright filed a paper entitled “Plaintiff’s List of Objections to Magistrate Judge’s Order and Motion for Rehearing/Reconsideration and Notice to

2 Because Bright sues a Jane Doe defendant, the Magistrate Judge also highlights that fictitious-party pleading is generally not allowed in federal court. Doc. 7 at 5. Noting a limited exception to that rule, the Magistrate Judge explains that Bright fails to provide specific information to identify the Jane Doe defendant named in the Complaint. Id. Rule Within Reasonable Time” (Doc. 8). The front page of this paper sets forth two paragraphs, each of which is labeled as “Objection.” Doc. 8 at 1–2. The paper also includes a section entitled “Plaintiff’s Motion to Vacate/Set Aside and Provide Relief

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