The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JAMES T. MURZIKE,
Plaintiff,
v. Case No. 3:23-cv-98-BJD-PDB
R. WILLIAMS, et al.,
Defendants.
____________________________________
ORDER
Plaintiff, James T. Murzike, an inmate of the Florida penal system, is
proceeding pro se and in forma pauperis on a complaint for the violation of civil
rights (Doc. 1; Compl.). In his forty-page complaint, Plaintiff names thirty-
three Defendants for violations of his First, Eighth, and Fourteenth
Amendment rights. See Compl. at 3, 12-17.1 Plaintiff’s handwriting is difficult
to read and his allegations confusing at times. It appears his primary claims
1 Additionally, Plaintiff alleges some Defendants engaged in conduct he
believes constitutes a “[third] degree felony in violation of” Florida’s criminal
statutes, and, as relief, he asks for “federal and state indictments,” among
other things. See Compl. at 19-20, 22, 39. Plaintiff is advised that a claim under
42 U.S.C. § 1983 must allege the violation of a right secured under the United
States Constitution or federal law. 42 U.S.C. § 1983. Moreover, “a private
citizen has no judicially cognizable interest in the prosecution or non-
prosecution of another.” Otero v. U.S. Atty. Gen., 832 F.2d 141, 141 (11th Cir.
1987).
are that Defendants William (or Williams), Taylor, Basis (or Bais),2 Brown,
and “etc.” used excessive force against him on December 22, 2022, while others
watched but failed to intervene, and Defendant Cummings failed to properly
treat his resulting injuries. Id. at 18, 26-27. However, Plaintiff further alleges
he was denied his religious diet meals on some occasions; was denied due
process at a disciplinary hearing; was improperly placed on property
restriction; was “starved” by an “orderly hitman”; and had false disciplinary
reports written against him. See generally Compl.3
The Prison Litigation Reform Act (PLRA) requires a district court to
dismiss a complaint if the court determines it is frivolous, malicious, or fails to
state a claim on which relief may be granted. 28 U.S.C. §§ 1915(e)(2)(B),
1915A(b)(1). Since the PLRA’s “failure-to-state-a-claim” language mirrors the
language of Rule 12(b)(6) of the Federal Rules of Civil Procedure, courts apply
the same standard in both contexts. Mitchell v. Farcass, 112 F.3d 1483, 1490
2 Some Defendants’ names, including William/Williams and Basis/Bais,
Plaintiff spells differently throughout his complaint.
3 Plaintiff also alleges Defendants William/Williams, Rulevitch, and
Johnson sexually abused him on December 14, 2022, Compl. at 25, but it
appears that allegation is not relevant to any of his claims. For instance,
Plaintiff says the events described in his complaint occurred on December 22,
2022 “[and] other dates.” Id. at 24. Additionally, in stating the factual basis of
his claims against these Defendants, Plaintiff does not mention a sexual
assault. Id. at 18, 20-22.
2
(11th Cir. 1997). See also Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir.
2008).
“To survive a motion to dismiss, a complaint must contain sufficient
factual matter, accepted as true, to ‘state a claim to relief that is plausible on
its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)). “Labels and conclusions” or “a formulaic
recitation of the elements of a cause of action” that amount to “naked
assertions” will not suffice. Id. (quoting Twombly, 550 U.S. at 555). Moreover,
a complaint must “contain either direct or inferential allegations respecting all
the material elements necessary to sustain a recovery under some viable legal
theory.” Roe v. Aware Woman Ctr. for Choice, Inc., 253 F.3d 678, 683 (11th Cir.
2001) (quoting In re Plywood Antitrust Litig., 655 F.2d 627, 641 (5th Cir. Unit
A Sept. 8, 1981)). In reviewing a complaint, a court must accept the plaintiff’s
allegations as true, liberally construing those by a plaintiff proceeding pro se,
but need not accept as true legal conclusions. Iqbal, 556 U.S. at 678.
The Federal Rules of Civil Procedure require a plaintiff to provide “a
short and plain statement of the claim showing that [he] is entitled to relief.”
Fed. R. Civ. P. 8(a)(2) (emphasis added). All averments of the claim should be
made “in numbered paragraphs, each limited as far as practicable to a single
set of circumstances.” Fed. R. Civ. P. 10(b). “Complaints that violate either
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Rule 8(a) or Rule 10(b), or both, are often disparagingly referred to as ‘shotgun
pleadings,’” or ones that fail to give the named defendants “adequate notice of
the claims against them and the grounds upon which each claim rests.”
Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1320, 1323 (11th
Cir. 2015). “The ‘self-evident’ purpose of these rules is ‘to require the pleader
to present his claims discretely and succinctly, so that his adversary can
discern what he is claiming and frame a responsive pleading.’” Barmapov v.
Amuial, 986 F.3d 1321, 1324 (11th Cir. 2021) (alteration omitted) (quoting
Weiland, 792 F.3d at 1320).
Additionally, a plaintiff may not join unrelated claims and various
defendants in one complaint unless the claims arise “out of the same
transaction, occurrence, or series of transactions or occurrences” and if “any
question of law or fact common to all defendants will arise in the action.” Fed.
R. Civ. P. 20(a)(2). As recognized by the Eleventh Circuit, “a claim arises out
of the same transaction or occurrence if there is a ‘logical relationship’ between
the claims.” Constr. Aggregates, Ltd. v. Forest Commodities Corp., 147 F. 3d
1334, 1337 n.6 (11th Cir. 1998) (quoting Republic Health Corp. v. Lifemark
Hosps. of Florida, Inc., 755 F.2d 1453, 1455 (11th Cir. 1985)).
Plaintiff’s complaint constitutes a “shotgun pleading”: his allegations are
not short and plain, but rather he includes unnecessary and extraneous
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information. Although Plaintiff sets forth his claims and allegations “in
numbered paragraphs,” many of his allegations are conclusory, and, at times,
he lumps multiple Defendants together (including saying “etc.”), without
plainly setting forth the basis of his separate claims against the individuals
mentioned. See, e.g., Compl. at 20, 21, 29. If this complaint were to be served,
Defendants would have a difficult time “fram[ing] a responsive pleading.”
Barmapov, 986 F.3d at 1324. Moreover, Plaintiff attempts to proceed on claims
against different individuals based on incidents that appear to have no logical
connection to one another.
Because Plaintiff’s complaint is a shotgun pleading, it is due to be
dismissed. However, the Court will afford him an opportunity to amend his
complaint. If plaintiff wants to proceed, he may do so on only one claim or
related claims. For instance, he may proceed on a claim for excessive force or
deliberate indifference based on the incident that occurred on December 22,
2022, against those who participated in the use-of-force, failed to intervene, or
denied him adequate medical care. Claims that are not logically related to
those arising out of the December 22, 2022 incident must be pursued in a
separate civil rights action. Plaintiff’s conclusory assertion that multiple
prison officials were motivated to treat him badly because he filed grievances
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and lawsuits is not enough, without more, to demonstrate the different
incidents of which he complains are logically related to one another.
If plaintiff chooses to file an amended complaint, he must do so in
compliance with federal pleading standards and the instructions in this Order
and the Civil Rights Complaint Form. Specifically, in section IV, “Statement of
Claim,” Plaintiff must plainly and clearly describe how each defendant was
involved in an alleged violation. The allegations should be stated in numbered
paragraphs, each limited to a single set of circumstances. Plaintiff may attach
additional pages, if necessary, but the Court urges him to set forth the relevant
facts and claims in the spaces provided in the Civil Rights Complaint Form. If
Plaintiff limits his claims to only those that are related, the spaces provided in
the form should be more than sufficient. Additionally, in section V, “Injuries,”
Plaintiff should clearly state how each defendant’s conduct or omission injured
him.
Plaintiff must sign and date the amended complaint after the following
statement on the form:
Under Federal Rule of Civil Procedure 11, by signing
below, I certify to the best of my knowledge,
information, and belief that this complaint: (1) is not
being presented for an improper purpose, such as to
harass, cause unnecessary delay, or needlessly
increase the cost of litigation; (2) is supported by
existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the
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factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery; and (4) the complaint
otherwise complies with the requirements of Rule 11.
Before signing the amended complaint, Plaintiff must ensure his
assertions are truthful and he has not knowingly made false material
declarations. He must neither exaggerate nor distort the facts but instead must
truthfully state the facts underlying his claims. Knowingly making a false
material declaration in violation of 18 U.S.C. § 1623 is punishable by a fine,
imprisonment, or both. An amended complaint supersedes the filing of the
initial complaint and becomes the operative pleading. Krinsk v. SunTrust
Banks, Inc., 654 F.3d 1194, 1202 (11th Cir. 2011). Thus, Plaintiff’s amended
complaint must be complete, including all related claims he wishes to raise,
and must not refer to his original complaint.
Accordingly, it is
ORDERED:
1. Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.
2. If Plaintiff wants to proceed, he must submit an amended
complaint by October 20, 2023.
3. If Plaintiff does not submit an amended complaint in compliance
with federal pleading standards by October 20, 2023, this action may be
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dismissed without prejudice.
4, The Clerk shall send Plaintiff a Civil Rights Complaint Form
(Prisoner Complaint).
5. Given the Court directs Plaintiff to amend his complaint,
Plaintiff's request for a copy of his complaint (Doc. 5) is GRANTED. The Clerk
shall send Plaintiff a copy of his complaint (Doc. 1) with this Order. The Court
cautions Plaintiff that future requests for copies must be accompanied by the
appropriate payment. See Notice (Doc. 3). Any future request that does not
include payment will be denied.
6. The Clerk shall remove from the docket document 6, which
Plaintiff filed on September 11, 2023. Unless otherwise ordered, discovery does
not begin until the Court enters a scheduling order. Additionally, discovery-
related documents should not be filed unless the Court needs them to decide a
motion. See Fed. R. Civ. P. 5(d)(1){A).
DONE AND ORDERED at Jacksonville, Florida, this 19th day of
September 2023.
Zi NO -
KM) Armas
United States District Judge
Jax-6
c: James T. Murzike
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