United States District Court, M.D. Florida, Jacksonville Division
CHRISTOPHER D. DYAL, Plaintiff,
JULIE L. JONES, et al. Defendants.
B. TOOMEY United States Magistrate Judge
an inmate of the Florida penal system, initiated this action
by filing a pro se Civil Rights Complaint Form (Doc. 1). In
an Order dated August 31, 2017, this Court granted
Plaintiff's request to proceed in forma pauperis
and directed Plaintiff to submit an amended complaint to cure
various deficiencies. See Order Doc. 5. Plaintiff
filed an Amended Complaint on October 16, 2017 (Doc. 8) and
subsequently filed a motion requesting courtesy copies of his
Amended Complaint and exhibits because his documents were
allegedly confiscated during a cell lockdown and search (Doc.
9). The Court granted his request for copies at the cost of
$.50 per page. See Order (Doc. 11). The Court
also granted Plaintiff's motion to file a second amended
complaint (Doc. 10). See id.
did not submit payment for copies of his former pleadings.
Rather, on December 11, 2017, Plaintiff filed a Motion
Requesting Copies in which he requests the Court provide
copies of his original and amended complaints free of charge
(Doc. 12; Motion). While the Motion does not indicate why he
requires copies of his previously-filed pleadings, presumably
Plaintiff requested them to assist him while preparing yet
another amended complaint. Notably, however, on December 19,
2017, Plaintiff filed a Second Amended Complaint (Doc. 13),
which arguably has mooted his Motion. In any event,
Plaintiff's Motion is procedurally and substantively
deficient and due to be denied.
Plaintiff has failed to sign the motion or include a
memorandum of law. Substantively, Plaintiff's Motion
rests upon an apparent belief that he is entitled to a waiver
of the copy costs because he is indigent and this Court has
granted him permission to proceed as a pauper. Motion at 1.
This belief is incorrect. A plaintiff's in forma
pauperis status does not entitle him to free copies of
pleadings, motions, orders, or other papers in the case file.
Jackson v. Florida Dep't of Fin. Servs., 479
Fed.Appx. 289, 292-93 (11th Cir. 2012) (“This Court has
never held that a prisoner's right of access to the
courts entitles a prisoner-plaintiff, even one proceeding
in forma pauperis, to free copies of court
documents, including his own pleadings.”). In his
Motion, Plaintiff also claims his legal documents “have
been confiscated in retaliation and Campaign of Harassment,
” citing Federal Rules of Criminal Procedure in support
of his requested relief from these alleged actions.
Id. at 1-2. Plaintiff is advised that this civil
rights action is governed by the Federal Rules of
Civil Procedure and this Court's Local Rules.
Plaintiff's Second Amended Complaint, it continues to
suffer from many of the same deficiencies as those noted
previously. See Order (Doc. 5). Although Plaintiff
is proceeding pro se, he must follow the Federal Rules of
Civil Procedure. See Moon v. Newsome, 863 F.2d 835,
837-38 (11th Cir. 1989). Rule 8(a) requires a pleading to
include a short and plain statement of the claim showing that
the pleader is entitled to relief. To survive dismissal, a
complaint must allege facts that, accepted as true, state a
claim “that is plausible on its face.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
standard asks for less than a probability but “more
than a sheer possibility that a defendant has acted
avoid dismissal, Plaintiff must submit a Third Amended
Complaint, keeping in mind the following:
Plaintiff's amended complaint must contain all claims and
allegations that he wishes to raise, and it must not refer
back to the original or amended complaints. This case number
(3:17-cv-933-J-34JBT) should be affixed to
the civil rights complaint form, and the words “Third
Amended Complaint” should be written on the top of the
Plaintiff must name as defendants only those who had been
acting under color of state law and are responsible for the
alleged constitutional violation(s). He must state their full
names (to the extent he knows them) in the style of the case
on the first page and, in section I.B., provide
current addresses for each defendant so the Court can direct
service of process. Plaintiff must ensure that the list of
named defendants on the first page matches the list of named
defendants in section I.B. If the lists do not match, the
Court may strike the amended complaint and direct Plaintiff
to refile it.
section IV, “Statement of Claim, ” Plaintiff must
concisely set forth how each named defendant was
involved in any alleged violation. Plaintiff must provide
enough information to allow each defendant to understand the
nature of the claim and allegations against him/her such that
each defendant may adequately prepare a responsive pleading.
In his SAC, Plaintiff names multiple defendants, yet he fails
to explain how they were involved in any alleged
constitutional violations. See Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 554-55 (2007).
Under “Injuries” in section V, Plaintiff must
state how each defendant's action or omission
injured him. There must be a causal connection between
each defendant's acts or omissions and the
alleged constitutional deprivation(s).
Plaintiff names defendants who hold supervisory positions
and/or who are not directly involved in the day-to-day
operations of the penal facility, such as a warden or the
Secretary of the Florida Department of Corrections, Plaintiff
should be aware that supervisory liability (respondeat
superior) has been rejected as a theory of recovery
under § 1983. See Keith v. DeKalb Cty., Ga.,
749 F.3d 1034, 1047 (11th Cir. 2014) (citing Cottone v.
Jenne, 326 F.3d 1352, 1360 (11th Cir. 2003)).
plaintiff must sign and date the amended complaint
after the following statement on the form:
Under Federal Rule of Civil Procedure 11, by signing below, I
certify to the best of my knowledge, information, and belief
that this complaint: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay,
or needlessly increase the cost of litigation; (2) is
supported by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the
factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery; and (4) the complaint otherwise
complies with the requirements of Rule 11.
signing the amended complaint, he must ensure his assertions
are truthful and he has not knowingly made false material
declarations. He must neither exaggerate nor distort the
facts but ...