Opinion

Brown v. Does

Court
District Court, M.D. Florida
Filed
May 4, 2023
Cited by
0 cases
Authority
More cited than 19.9%

The opinion

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

WILLIAM P. BROWN,

Plaintiff,

v. Case No. 8:23-cv-141-WFJ-AEP

NAPHCARE, INC., et al.,

Defendants.

/

ORDER

Before the Court is Mr. Brown’s Amended Complaint (Doc. 14). The Amended

Complaint must be dismissed because Mr. Brown failed to use the Court’s civil rights

complaint form, as required by the Court’s April 5, 2023 Order (See Doc. 13 at p. 2).

Moreover, the Amended Complaint fails to state a claim upon which relief can be granted

because it alleges no facts regarding Defendants or how they violated his constitutional rights.

Accordingly:

1. The Amended Complaint (Doc. 14) is DISMISSED WITHOUT PREJUDICE.

a. If Mr. Brown wishes to file a second amended complaint to remedy the noted

deficiencies, he shall file it within THIRTY (30) DAYS of the date of this Order.

b. To amend, Mr. Brown must complete a new civil rights complaint form,

titling it “Second Amended Complaint.” The second amended complaint must include all of

Mr. Brown’s claims and may not refer to, or incorporate, the original complaint or amended

1

complaint. The second amended complaint shall supersede those complaints. Malowney □□

Fed. Collection Deposit Group, 193 F.3d 1342, 1345 n.1 (11th Cir. 1999),

c. The second amended complaint will be subject to imitial screening under 28

U.S.C. § I915A.

2. If Mr. Brown fails to file a second amended complaint within thirty days or fails to

seek an extension of time to do so, this action will be dismissed without prejudice.

3. Mr. Brown must advise the Court of any change of address. He must entitle the

paper “Notice to the Court of Change of Address” and must exclude any motions from the

notice. Failure to inform the Court of an address change may result in the dismissal of this

case without further notice.

4. The Clerk must mail a copy of both the standard prisoner civil rights complaint form

and this Order to Mr. Brown.

ORDERED in Tampa, Florida, on May 4, 2023.

llth,

UNITED STATES DISTRICT JUDGE

SA: sfc

Copy to: William P. Brown, pro se

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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