Opinion
Case No: 2:18-cv-598-FtM-38CM
09-12-2018
JOHN GLENN HOUTSMA, Plaintiff, v. UNKNOWN DEFENDANT, Defendant.
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Before the Court is John Glenn Houtsma's Motion for issuance of a court order for files (Doc. 1) filed on September 6, 2018. Plaintiff is currently a detainee in the Florida Civil Commitment Center (FCCC) in Arcadia, Florida. Plaintiff appears to be filing a § 1983 claim alleging that he is not safe in the FCCC, and he also moves the Court to order files from several different state court cases.
As currently written, the instant pleading fails to contain the information required in a civil rights complaint. For example, Plaintiff's allegations are virtually unintelligible, and the complaint does not contain the historical information concerning Plaintiff's prior federal cases. See 28 U.S.C. § 1915(g). Plaintiff also failed to use the civil rights complaint form required for use by pro se litigants to present their cases.
Furthermore, Plaintiff has failed to either pay the required filing fee or submit a motion for leave to proceed in forma pauperis. Therefore, this case will be dismissed without prejudice to give Plaintiff an opportunity to properly file a civil rights complaint and to either pay the filing fee or submit an affidavit of indigency to the Court.
Accordingly, it is now
ORDERED:
(1) This case is DISMISSED without prejudice.
(2) The Clerk of Court shall terminate any pending motions, close the case, and enter judgment accordingly.
(3) The Clerk shall also send Plaintiff a civil rights complaint form, an affidavit of indigency form, and a consent form for his FCCC trust fund account and financial certificate. If Plaintiff chooses to pursue a civil rights action, he may complete and submit these forms. However, Plaintiff should not place the instant case number on the forms as this case will be closed. The Clerk will assign a separate case number in the event Plaintiff elects to pursue another action.
DONE and ORDERED in Fort Myers, Florida this 12th day of September, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
All Parties of Record
SA: FTMP-2