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Gilbert v. Trump

United States District Court, N.D. Florida, Tallahassee Division

May 13, 2019

CRAIG IVAN GILBERT, Plaintiff,
v.
DONALD J. TRUMP, et al., Defendants.

          REPORT AND RECOMMENDATION

          MICHAEL J. FRANK, UNITED STATES MAGISTRATE JUDGE

         This cause is before this court after the undersigned ordered the Plaintiff to show cause why his complaint should not be dismissed for Plaintiff's: (1) failure to amend his complaint and utilize the court-approved form; (2) failure to pay the filing fee or move for leave to proceed in forma pauperis; and (3) failure to comply with court orders. In light of these failures, the undersigned recommends that this action be dismissed without prejudice.[1]

         I. Background

         Plaintiff initiated this civil rights action by filing a twelve-page handwritten complaint against twenty Defendants: (1) President Donald J. Trump; (2) then Secretary of the Department of Homeland Security, Kirstjen Nielsen; (3) the FBI Director, Christopher Wray; (4) the Senate Intelligence Committee; (5) the Speaker of the House of Representatives, Nancy Pelosi; (6) the United States District Court for the Northern District of Florida; (7) the United States District Court for the Southern District of Florida; (8) the United States District Court for the Central District of California; (9) the Supreme Court of Florida; (10) the Third District Court of Appeals of Florida; (11) the Eleventh Judicial Circuit Court of Florida; (12) Carlos J. Martinez, Chief Public Defender; (13) the Seventeenth Judicial Circuit Court of Florida; (14) Howard Finkelstein, Chief Public Defender; (15) the Second Judicial Circuit Court of Florida; (16) Regional Counsel[2]; (17) the Florida Department of Health; (18) the Governor of Florida, Ron DeSantis; (19) the Florida Attorney General, Ashley Moody; and (20) the Florida Department of Children and Families. (ECF No. 1).

         Plaintiff was involuntarily committed to the Florida State Hospital. In his complaint, Plaintiff alleges violations of his civil rights, specifically that he has been denied access to the courts. In addition, Plaintiff also alleged that the United States Government placed a microchip in his arm, intercepted his brain waves, and used him for covert missions.

         In light of the infirmities and the failure of the Plaintiff to use a court-approved form, on March 5, 2019, the undersigned issued an order directing Plaintiff to file an amended complaint using a court-approved form. (Doc. 3). To ensure that the Plaintiff had access to a court-approved complaint form, the undersigned also instructed the clerk of the court to mail to Plaintiff a court-approved complaint form. (Doc. 3).

         Because the Plaintiff failed to pay the filing fee and also did not move to proceed in forma pauperis, the undersigned also ordered Plaintiff to either pay the fee or move to proceed in forma pauperis. (Id.). The undersigned imposed a deadline of April 4, 2019, for Plaintiff to correct these deficiencies. (Id.). The undersigned warned Plaintiff as follows:

Failure to comply with this order likely will result in dismissal of this action for failure to comply with an order of the court, failure to prosecute, failure to state a claim upon which relief may be granted, and failure to pay the filing fee or properly seek to proceed in forma pauperis.

(Id. at 5-6). The Plaintiff did not comply with the undersigned's order.

         On April 8, 2019, the undersigned issued an order to show case why this action should not be dismissed for these deficiencies and the Plaintiff's failure to obey a court order. (Doc. 4). See Hatchett v. Nettles, 201 F.3d 651, 654 (5th Cir. 2000) (noting that a court may issue a show cause order to ascertain why an imprisoned litigant has not paid the filing fee). The undersigned gave Plaintiff until April 29, 2019, to respond to the order to show cause.

         The Plaintiff never responded to the order to show cause, did not pay the filing fee, did not file a motion to proceed in forma pauperis, and did not amend his complaint. Furthermore, the Plaintiff has offered no explanation for his failures and has not shown good cause for his failures.

         II. Discussion

         The undersigned recommends that this Court dismiss Plaintiff's complaint for three reasons: (1) the Plaintiff failed to pay the filing fee or move to proceed in forma pauperis; (2) he failed to comply with two court orders; and (3) he failed to file his complaint using a court-approved form.

         A. Failure to Pay the Filing Fee or Seek to Proceed ...


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