Opinion
Case No. 21-cv-10005-BLOOM/Otazo-Reyes
01-11-2021
FRANCISCO RODRIGUEZ CRUZ, Plaintiff, v. MONROE COUNTY SHERIFF'S OFFICE, PROGRAMS STAFF, Defendant.
ORDER
THIS CAUSE is before the Court upon pro se Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs, ECF No. [3] ("Motion"), filed in conjunction with Plaintiff's Complaint, ECF No. [1] ("Complaint"). The Court has carefully considered the Motion, the Complaint, the record in this case, and is otherwise fully advised.
Plaintiff has not paid the required filing fee and, thus, the screening provisions of 28 U.S.C. § 1915(e) are applicable. Fundamental to our system of justice is that the courthouse doors will not be closed to persons based on their inability to pay a filing fee. Congress has provided that a court "may authorize the commencement . . . or prosecution of any suit, action or proceeding . . . or appeal therein, without the prepayment of fees . . . therefore, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees[.]" 28 U.S.C. § 1915(a)(1); see Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 n.1 (11th Cir. 2004) (interpreting statute to apply to all persons seeking to proceed in forma pauperis ("IFP")). Permission to proceed in forma pauperis is committed to the sound discretion of the court. Camp v. Oliver, 798 F.2d 434, 437 (11th Cir. 1986); see also Thomas v. Chattahoochee Judicial Circuit, 574 F. App'x 916, 916 (11th Cir. 2014) ("A district court has wide discretion in ruling on an application for leave to proceed IFP."). However, "proceeding in forma pauperis is a privilege, not a right." Camp, 798 F.2d at 437.
In addition to the required showing that the litigant, because of poverty, is unable to pay for the court fees and costs, Martinez, 364 F.3d at 1307, upon a motion to proceed in forma pauperis the Court is required to examine whether "the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2). If the Court determines that the complaint satisfies any of the three enumerated circumstances under Section 1915(e)(2)(B), the Court must dismiss the complaint.
To state a claim for relief, a pleading must contain: "(1) a short and plain statement of the grounds for the court's jurisdiction . . . (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Fed. R. Civ. P. 8. A complaint "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "[T]o state a plausible claim for relief, the plaintiff[] must plead 'factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.'" Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252, 1268 (11th Cir. 2009) (quoting Iqbal, 129 S. Ct. at 1949). Although a pro se litigant's pleadings are construed more liberally than pleadings drafted by attorneys, "this leniency does not give the court license to serve as de facto counsel for a party . . . or to rewrite an otherwise deficient pleading in order to sustain the action." GJR Invs., Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1369 (11th Cir. 1998) (citations omitted).
Even under the relaxed pleading standard afforded to pro se litigants, Plaintiff's Complaint does not set forth cognizable claims. The Complaint does not include any factual matter that, if accepted as true, allows the Court to reasonably infer that Defendant is liable for any misconduct or wrongdoing. While styled as a civil rights action brought under 42 U.S.C. § 1983, Plaintiff fails to assert any claim sounding in a violation of his civil rights. Indeed, his only allegation reflecting supposed wrongdoing is that his "legal mail" was handed to him, but the envelope showed signs that it had been previously opened by prison staff and its contents potentially read. ECF No. [1] at 2. For relief, he seeks "justice." Id. Even construing the Complaint broadly, Plaintiff fails to allege any misconduct that could conceivably rise to a civil rights violation. Therefore, the Complaint in its present form fails to pass muster.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Complaint, ECF No. [1], is DISMISSED WITHOUT PREJUDICE.
2. The Motion, ECF No. [3], is DENIED AS MOOT. Any pending motions are DENIED AS MOOT.
3. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on January 11, 2021
/s/ _________
BETH BLOOM
UNITED STATES DISTRICT JUDGE Copies to: Francisco Rodriguez Cruz
17006252014071
Monroe County Jail
Inmate Mail/Parcels 5501 College Road
Key West, FL 33040