Opinion
1:22-cv-21329-GAYLES
05-15-2022
TERRELL MICKLES, Plaintiff, v. STATE OF FLORIDA, et al., Defendants.
ORDER DISMISSING CASE
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on a sua sponte review of the record. Plaintiff, appearing pro se, filed this action on April 27, 2022. [ECF No. 1]. Plaintiff failed to pay the requisite filing fee or move to proceed in forma pauperis. Because Plaintiff has failed to pay the filing fee, the screening provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915(e), are applicable. Pursuant to that statute, the court is permitted to dismiss a suit “any time [] the court determines that . . . (B) 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.” Id. § 1915(e)(2).
Pursuant to 28 U.S.C. § 1914(a), parties instituting a civil proceeding must pay a filing fee of $350 unless the application is for a writ of habeas corpus. Pursuant to 28 U.S.C. § 1915(a), a prisoner seeking to bring a civil action without paying the filing fee must submit an affidavit that the prisoner is unable to pay such fees and must submit a certified copy of the trust fund account statement for the prisoner for the 6-month period immediately preceding the filing of the complaint.
The standards governing dismissals for failure to state a claim under § 1915(e)(2)(B)(ii) are the same as those governing dismissals under Federal Rule of Civil Procedure 12(b)(6). Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2008). 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 1 for the relief sought.” Fed.R.Civ.P. 8. To survive a motion to dismiss, a claim “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “[T]he pleadings are construed broadly, ” Levine v. World Fin. Network Nat'l Bank, 437 F.3d 1118, 1120 (11th Cir. 2006), and the allegations in the complaint are viewed in the light most favorable to the plaintiff, Hawthorne v. Mac Adjustment, Inc., 140 F.3d 1367, 1370 (11th Cir. 1998). At bottom, the question is not whether the claimant “will ultimately prevail . . . but whether his complaint [is] sufficient to cross the federal court's threshold.” Skinner v. Switzer, 562 U.S. 521, 530 (2011).
In his Complaint, Plaintiff attempts to assert claims against multiple Defendants for some sort of wrong related to drug seizures. [ECF No. 1]. Plaintiff's Complaint contains no details about any Defendant or wrongdoing. As a result, it is impossible to tell what, if anything, Defendants did to harm Plaintiff. In addition, it is unclear what relief Plaintiff seeks. As a result, Plaintiff fails to satisfy the pleading requirements of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 8. Therefore, this action must be dismissed without prejudice for failure to state a claim. Accordingly, it is
ORDERED AND ADJUDGED that this action is DISMISSED without prejudice and CLOSED for administrative purposes.
DONE AND ORDERED. 2