Vereen v. State

Full title: LOUIS D. VEREEN, JR., Plaintiff, v. STATE OF FLORIDA, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Sep 28, 2022

3:22-cv-910-BJD-JBT (M.D. Fla. Sep. 28, 2022)

Opinion

3:22-cv-910-BJD-JBT

09-28-2022

LOUIS D. VEREEN, JR., Plaintiff, v. STATE OF FLORIDA, Defendant.

BRIAN J. DAVIS, United States District Judge.

ORDER OF DISMISSAL WITHOUT PREJUDICE

BRIAN J. DAVIS, United States District Judge.

Plaintiff, Louis D. Vereen, Jr., an inmate of the Florida penal system, initiated this action pro se by filing a document titled, “Motion to Covert [sic] to a Civil Action Authority: 9^th Amendment of the U.S. Constitution” (Doc. 1). Plaintiff moves to proceed in forma pauperis (Doc. 2). He asserts the state court “has shown bias and prejudice towards [him]” by summarily denying his habeas corpus petition without holding an evidentiary hearing. Doc. 1 at 2. He also contends corrections officers are “constantly harass[ing]” him.” Id. at 3. Plaintiff asks to be released and for monetary sanctions to be imposed against the judge, prosecutor, and all attorneys who “misrepresented him.” Id. at 2-3.

It is unclear what kind of action Plaintiff intends to initiate in this Court. He has not filed a proper civil rights complaint, nor has he filed a federal 1 habeas petition. If Plaintiff seeks to challenge his 2014 Duval County conviction and sentence, he may initiate a habeas corpus case.¹ If he wants to challenge the conditions of his confinement at Wakulla Correctional Institution, he may initiate a civil rights action in the Northern District, where that prison is located. The Court has approved the use of forms for civil rights and habeas corpus cases, and Plaintiff will be provided with copies of these forms. See Local Rule 6.04(a) (“A pro se person in custody must use the standard form[.]”).

1 The Court takes judicial notice of Plaintiff's state criminal docket, which shows he was sentenced to serve twenty-five years on May 14, 2014, after a jury adjudicated him guilty. See Clerk Online Resource ePortal, available at https://core.duvalclerk.com (last visited Sept. 27, 2022). The appellate court affirmed his conviction and sentence. Id. Plaintiff filed a petition for writ of habeas corpus in the state court on June 6, 2022, which the state court dismissed as untimely. On August 19, 2022, Plaintiff filed a copy of the motion before this Court in the state court. Id.

Accordingly, it is

ORDERED:

1. This case is DISMISSED without prejudice.

2. The Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions, and close the file.

3. The Clerk shall send Plaintiff a civil rights complaint form and a habeas corpus petition form. 2

DONE AND ORDERED. 3