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Prevost Cesaire v. Department of Children and Families

United States District Court, M.D. Florida, Fort Myers Division

July 19, 2019

CAROLE FLORANCE PREVOST CESAIRE, Plaintiff,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Defendant.

          REPORT AND RECOMMENDATION

          NICHOLAS P. MIZELL UNITED STATES MAGISTRATE JUDGE.

         This 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).

         The 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.

         In its 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 ...

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