The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEVIN BROWN,
Plaintiff,
v. Case No. 8:23-cv-609-KKM-MRM
JULIE SERCUS
Defendant.
ORDER
On May 15, 2023, the United States Magistrate Judge entered a Report and
Recommendation, recommending that Plaintiff Devin Brown’s Motion to Proceed In
Forma Pauperis (Doc. 2) be denied and his complaint (Doc. 1) be dismissed for failing to
state a claim. R&R (Doc. 3). The fourteen-day deadline, and an additional three days as
required under Federal Rule of Civil Procedure 6(d), for Brown to object to the Magistrate
Judge’s Report and Recommendation has passed without him lodging an objection.
Considering the record, the Court adopts the Report and Recommendation for the reasons
stated therein; denies Brown’s Motion to Proceed In Forma Pauperis; and dismisses
Brown’s complaint.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report
and Recommendation. 28 U.S.C. § 636(b)(1). Ifa party files a timely and specific objection
to a finding of fact by a magistrate judge, the district court must conduct a de novo review
with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir.
1992). The district court reviews legal conclusions de novo, even in the absence of an
objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
Ashworth v. Glades Cnty. Bd. of Cnty. Comm’rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla.
2019).
In the absence of any objection and after reviewing the factual allegations and legal
conclusions, the Court adopts the Report and Recommendation. Brown’s complaint does
not meet the pleading requirements of Federal Rules of Civil Procedure 8 and 10 because
it is a shotgun pleading in multiple respects. See Weiland v. Palm Beach Cnty. Sheriffs
Off, 792 F.3d 1313, 1322-23 (11th Cir. 2015). Additionally, Brown’s complaint appears
to be barred at least in part by the Eleventh Amendment, Rooker-Feldman doctrine, and
domestic relations exception.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (Doc. 3) is
ADOPTED and made a part of this Order for all purposes.
XY
2. Brown’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED.
3. Brown’s Complaint (Doc. 1) is DISMISSED without prejudice.
4. By June 26, 2023, Brown may file an amended complaint that complies with
the pleading requirements set forth in the Federal Rules of Civil Procedure
and that corrects the deficiencies identified above and in the Report and
Recommendation. Brown must also pay the full filing fee or submit a
renewed motion to proceed in forma pauperis together with any amended
complaint. Failure to comply with these directives will result in dismissal of
this case without further notice.
ORDERED in Tampa, Florida, on June 5, 2023.
4 at Kimball Ws all
athryn’ Kimball Mizelle
United States District Judge