United States District Court, M.D. Florida, Fort Myers Division
REPORT AND RECOMMENDATION
NICHOLAS P. MIZELL UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on pro se Plaintiff
Carole Florance Prevost Cesaire's Affidavit of Indigency
(Doc. 15), construed as a Motion to Proceed In Forma
Pauperis, filed on June 25, 2019. The Court previously
reviewed Plaintiff's Complaint (Doc. 1) and Application
of Indigency (Doc. 2). However, because Plaintiff failed to
comply with Rules 8 and 10 of the Federal Rules of Civil
Procedure, the Court required Plaintiff to file an Amended
Complaint. (Doc. 6 at 1-2). Plaintiff filed an Amended
Complaint (Doc. 9) and a second Affidavit of Indigency (Doc.
10) on May 16, 2019. Upon review, the Court again decided
Plaintiff's Complaint suffered insufficiencies and
allowed Plaintiff one final opportunity to amend her
Complaint. (Doc. 13 at 3). Plaintiff was forewarned that if
her Second Amended Complaint failed “to state a
cognizable claim, the Court will recommend the case be
dismissed without prejudice.” (Id.). Plaintiff
subsequently filed her Second Amended Complaint (Doc. 14) and
the instant Affidavit of Indigency, construed as a Motion to
Proceed In Forma Pauperis. (Doc. 15).
Second Amended Complaint fails to comply with the Federal
Rules of Civil Procedure and fails to state a cognizable
claim. Thus, the Undersigned respectfully recommends that the
Affidavit of Indigency, construed as a Motion to Proceed
In Forma Pauperis, be denied and this case be
dismissed pursuant to 28 U.S.C. § 1915.
prior Order, the Court explained that, while Plaintiff set
forth some facts, “[her] amended complaint does not set
forth a short and plain statement of the grounds for the
court's jurisdiction nor a short and plain statement of
the claim showing that the pleader is entitled to relief in
violation of Fed.R.Civ.P. 8(a).” (Doc. 13 at 3). The
Second Amended Complaint (Doc. 14) suffers from the same
deficiencies. The entirety of Plaintiff's Second Amended
Complaint reads as follows:
1) Carole Florance Provost Cesaire 3230 Royal Palm Drive Fort
Myers, FL. 33901 Plaintiff 2) Department of Children and
Families 2295 Victoria Ave Fort Myers, FL. 33901 Defendant 3)
Subject-Matter jurisdiction 4) The caseworker denied my right
to food assistance.
5) No. public assistance access.
6) Restricting me to access to work.
7) No. freedom.
8) No. access to get care.
9) No. access to go to school.
10) Restriction to get services also in the private.
11) Restricting me to make transation (sic).
12) Restricting me to buy and rent ...