The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LAVAL RASHAD BROWN,
Plaintiff,
v. Case No. 8:25-cv-854-WFJ-TGW
HILLSBOROUGH COUNTY
COUNTY SHERIFF’S OFFICE, e¢ al.,
Defendants.
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REPORT AND RECOMMENDATION
The plaintiff filed an affidavit of indigency pursuant to 28
U.S.C. 1915 (Doc. 7), seeking a waiver of the filing fee for his amended
complaint. Because the amended complaint is frivolous and contains
numerous scurrilous and impertinent statements, I recommend that the
plaintiff's amended complaint be dismissed.
I.
Under 28 U.S.C. 1915(a)(1), the court may authorize the filing
of a civil lawsuit without prepayment of fees if the plaintiff submits an
affidavit that includes a statement of all assets showing an inability to pay
the filing fee and a statement of the nature of the action which shows that he
is entitled to redress. Even if the plaintiff proves indigency, the case shall
be dismissed if the action is frivolous or malicious, or fails to state a claim
upon which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(i), (ii).
Furthermore, although “allegations of a pro se complaint [are
held] to less stringent standards than formal pleadings drafted by lawyers ....
this leniency does not give a court license to serve as de facto counsel for a
party, or to rewrite an otherwise deficient pleading in order to sustain an
action.” Campbell v. Air Jamaica Ltd., 760 F.3d 1165, 1168-69 (11th Cir.
2014).
II.
Initially, the plaintiff has not submitted a properly signed
Affidavit of Indigency. Instead of properly affirming under the penalty of
perjury the truth of the statements in his Application to Proceed In Forma
Pauperis, he nonsensically states, “I am U.C.C. 103.b sovereignty” (Doc. 7,
p. 1). That is not permissible. Therefore, the plaintiff fails to satisfy the first
requirement to proceed in forma pauperis.
In all events, the plaintiff's amended complaint does not contain
an actionable claim. The plaintiff alleges, in a conclusory manner, the
“wrongful seizure” of his son in 2018, false imprisonment in connection with
his commitment to a mental health facility, Medicare fraud (because
Medicare was billed for his mental health treatment), and deliberate medical
neglect.
The pleading is a rambling and essentially incomprehensible
document that does not state a cognizable claim. It is rife with delusional
comments and false, scurrilous, and impertinent matter. There are,
particularly, multiple improper and irrelevant Biblical references. In sum,
the amended complaint patently violates multiple Federal Rules of Civil
Procedure, including Rules 8, 10, 11, and 12(f). Therefore, it is appropriate
to dismiss the amended complaint.
Moreover, due to the scurrilous and impertinent matter
throughout the complaint, such as “THIS IS MORE THAN LAW ... IT’S
WAR,” and mocking the State Attorney’s Office as “the Kingdom of
Darkness” (Doc. 5, p. 6), I recommend that the pleading be stricken from the
court docket. See Rule 12(f), F. R. Civ. P.
Respectfully submitted,
THOMAS G. WILSON
UNITED STATES MAGISTRATE JUDGE
DATED: June 3_, 2025
NOTICE TO PARTIES
The parties have fourteen days from the date they are served a copy of this
report to file written objections to this report’s proposed findings and
recommendations or to seek an extension of the fourteen-day deadline to file
written objections. 28 U.S.C. 636(b)(1)(C). Under 28 U.S.C. 636(b)(1), a
party’s failure to object to this report’s proposed findings and
recommendations waives that party’s right to challenge on appeal the district
court’s order adopting this report’s unobjected-to factual findings and legal
conclusions.