Opinion

Brown v. Sercus

Court
District Court, M.D. Florida
Filed
Jun 5, 2023
Cited by
0 cases
Authority
More cited than 19.9%

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

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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