Opinion

Brown v. Hillsborough County Sheriff's Office

Court
District Court, M.D. Florida
Filed
Jun 3, 2025
Cited by
0 cases
Authority
More cited than 37.3%

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.

/

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.

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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