Summary
dismissing with leave to amend where pro se plaintiff's complaint "d[id] not contain a short plain statement of the claim, or delineate the alleged causes of action into counts or another organized manner" in violation of Rules 8 and 10(b)
Summary of this case from Shillingford v. Rolly Marine Serv., Inc.Opinion
Case No. 8:08-CV-1188-T-27TBM.
July 28, 2008
ORDER
BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge (Dkt. 4) recommending that Plaintiff's Complaint (Dkt. 1) be dismissed without prejudice and that ruling on Plaintiff's Application to Proceed in forma pauperis (Dkt. 2) be deferred pending Plaintiff's filing of an amended complaint. Plaintiff has filed Objections to the Report and Recommendation (Dkt. 6).
Following a thorough analysis, the Magistrate Judge correctly determined that Plaintiff's Complaint, even when liberally construed, is a "shotgun" pleading as that term is defined by the Eleventh Circuit Court of Appeals. See Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955 (11th Cir. 2008). Accordingly, the Complaint is due to be dismissed with leave to amend. Should Plaintiff file an Amended Complaint, Plaintiff shall adhere to the standards of federal pleading set forth in the Report and Recommendation.
Upon consideration, and after careful consideration of the Report and Recommendation and Plaintiff's Objections, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED AND ADJUDGED:
1) The Report and Recommendation (Dkt. 4) is adopted, confirmed, and approved and is made a part of this order for all purposes, including appellate review.
2) Plaintiff's Complaint (Dkt. 1) is dismissed without prejudice.
3) Plaintiff shall file an Amended Complaint within thirty (30) days of the date of this Order.
4) Ruling on Plaintiff's Application to Proceed in forma pauperis (Dkt. 2) is DEFERRED for consideration by the Magistrate Judge pending Plaintiff's filing of the Amended Complaint.
DONE AND ORDERED.