Opinion

Taylor

Court
District Court, S.D. Florida
Filed
Aug 5, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 26-CV-22361-ELFENBEIN

STACY ALLEN TAYLOR, et al.,

Plaintiffs,

v.

CORRINE KEEL, et al.,

Defendants.

_______________________________/

REPORT AND RECOMMENDATION1

THIS CAUSE is before the Court on a sua sponte review of the record. For the reasons

explained below, the undersigned respectfully RECOMMENDS that this action be DISMISSED

WITHOUT PREJUDICE for failure to prosecute, for failure to comply with the Court’s Order

to Show Cause, ECF No. [9], for failure to state a claim, and for lack of Article III standing.

I. BACKGROUND

a. The Complaint

On April 6, 2026, Plaintiff Stacy Allen Taylor (“Plaintiff”), proceeding pro se, initiated

this action by filing a handwritten Complaint against Defendants Corrine Keel, Brad Mickelson,

and Bruce Fagan (“Defendants”). See ECF No. [1]. Plaintiff identifies Keel as an Assistant United

1 Pursuant to Administrative Order 2025-11, the undersigned United States Magistrate Judge was assigned

as the presiding judge for all purposes, including entering dispositive orders, presiding over any trial, and

entering a final judgment. To ensure that all parties understood their rights to opt out of Magistrate Judge

jurisdiction without any adverse consequences, the undersigned issued an Order Explaining Magistrate

Judge Jurisdiction and Providing Instructions to Pro Se Litigant on April 8, 2026. See ECF No. [4].

Defendants have not yet entered an appearance in this case, so Defendants cannot be deemed to have

consented to Magistrate Judge jurisdiction by failing to opt out. Accordingly, the undersigned will request

that this case be transferred to a District Judge for further proceedings and will deal with Plaintiff’s failure

to comply with a court order, failure to prosecute, failure to state a claim, and lack of Article III standing

in a Report and Recommendation instead of in an Order.

States Attorney in the Western District of Kentucky, Mickelson as an Internal Revenue Service

agent, and Fagan as a private individual with whom Plaintiff allegedly entered into a contractual

arrangement. See id. at 1–2. Plaintiff also purports to bring the action on behalf of “Legacy Benefit

Holdings Limited,” which he describes as a “PFT Trust Company,” and “on the behalf of the State

of Florida.” Id. at 1.

The Complaint alleges that, in 2014, Plaintiff entered into a contract with Fagan concerning

105 “Zim Bearer Notes” allegedly worth a total of $21 billion. See id. Plaintiff alleges that 98

percent of the proceeds from those financial instruments were intended to fund the construction of

self-sufficient homes for disabled veterans, homeless mothers, veterans, and disabled individuals

in Florida, Texas, Kentucky, Tennessee, and Ohio. See id. Plaintiff further alleges that the

remaining two percent was intended to construct self-sufficient greenhouses that would create jobs

and provide food. See id. According to Plaintiff, the proposed project contemplated approximately

$4 billion in funding for each participating state, the construction of approximately 25,000 homes

per state, and mortgage payments of approximately $269 per month. See id.

Plaintiff alleges that, sometime after Fagan took possession of the assets pursuant to the

parties’ alleged agreement, Fagan entered into transactions involving a private placement platform

and allegedly stolen or laundered money. See id. at 1–2. Plaintiff claims that Fagan was supposed

to use the resulting funds to pay for the assets he had received from Legacy Benefit Holdings

Limited. See id. at 2. Plaintiff alleges that Fagan received at least two payments, but the second

payment was held after Fagan’s bank account was closed because of allegedly illegal funds. See

id. Plaintiff further alleges that he notified federal law-enforcement agencies approximately 42

times regarding Fagan’s allegedly unlawful activities. See id.

The Complaint additionally alleges that Fagan entered into a transaction involving

approximately $2 million in laundered funds and that Plaintiff demanded either the return of the

105 bearer notes or payment of the allegedly agreed-upon $21 billion. See id. Plaintiff further

claims that Fagan paid approximately $25 million to Defendant Mickelson and another unnamed

individual to initiate a fraudulent prosecution against Plaintiff and cause his arrest. See id. Plaintiff

alleges that Defendant Keel ignored the harm allegedly caused to Plaintiff, the State of Florida,

and the contemplated beneficiaries of the proposed housing project. See id.

Although the Complaint broadly refers to a contract, theft, fraud, money laundering,

conspiracy, arrest, and the loss of assets, it does not organize those allegations into separate claims

for relief. See generally id. It does not identify the legal elements of any claim, specify which

claim is asserted against which Defendant, or identify any federal constitutional or statutory

provision authorizing relief. See generally id. Nor does it clearly distinguish between injuries

allegedly suffered by Plaintiff personally, injuries allegedly suffered by Legacy Benefit Holdings

Limited, injuries allegedly suffered by the State of Florida, and injuries allegedly suffered by the

intended beneficiaries of Plaintiff’s proposed charitable or housing projects. See generally id.

The Complaint’s request for relief likewise centers substantially on non-parties. Plaintiff

represents that 98 percent of the funds recovered through this action would be distributed among

Florida, Kentucky, Ohio, Texas, and Tennessee to construct housing for disabled veterans,

homeless individuals, single mothers, and disabled persons. See id. at 1–3. Plaintiff therefore

presents the litigation not merely as an effort to obtain compensation for a personal injury, but as

an action to recover and distribute assets for the benefit of a trust company, several states, and

broad categories of third-party beneficiaries. See id.

b. Procedural History

Plaintiff did not pay the required $405 filing fee when he commenced this action. See ECF

Nos. [1], [3]. On April 6, 2026, the Clerk issued a Notice of Filing Deficiency advising Plaintiff

that summonses would not be issued unless he paid the filing fee or obtained an order granting

him leave to proceed in forma pauperis (“IFP”). See ECF No. [3]. On April 28, 2026, after

Plaintiff had neither paid the filing fee nor moved to proceed IFP, the Court ordered Plaintiff to do

one of those things no later than May 19, 2026. See ECF No. [5]. On May 5, 2026, Plaintiff filed

a document styled as a “Motion to Remain in the Southern District of Florida.” ECF No. [7]. In

that Motion, Plaintiff again asserted that 98 percent of the requested recovery would be used to

construct self-sufficient homes in Florida, while the remaining two percent would be used to

construct greenhouses and create food and employment for a self-sufficient community. See id. at

1. Plaintiff argued that he faced prejudice in the Western District of Kentucky and asked that this

action remain in the Southern District of Florida so that Plaintiff and the State of Florida could

receive a fair trial. See id. Plaintiff also included a separate request to be referred to a volunteer-

attorney program, asserting that he was incarcerated, indigent, in poor health, had been held in

solitary confinement, and lacked internet access. See id. at 2.

On May 22, 2026, Plaintiff filed his Motion for Leave to Proceed In Forma Pauperis (the

“IFP Motion”). See ECF No. [8]. Plaintiff reiterated that the purpose of the action was to recover

assets or funds allegedly due under his agreement and then donate those assets or funds to the State

of Florida to construct self-sufficient housing for homeless veterans, other veterans, single

mothers, and disabled persons. See id. at 1. Plaintiff again alleged that Defendants conspired to

commit theft and breach the alleged contract and stated that 98 percent of the funds would be

divided among Florida, Kentucky, Ohio, Texas, and Tennessee. See id. Plaintiff further

represented that he had no assets in his personal name, although he was a beneficiary of a trust,

and that he could not access the trust assets because of his and his family members’ circumstances.

See id. at 2. Plaintiff also stated that he believed the State of Florida would assist in the litigation

if it knew of Defendants’ alleged conduct but claimed that he had no means of contacting the

Florida Attorney General. See id.

Upon reviewing the Complaint, the Court identified substantial questions concerning

Plaintiff’s standing to pursue this action. See ECF No. [9]. On June 3, 2026, the Court entered an

Order to Show Cause explaining the constitutional requirements for Article III standing and the

restrictions on a pro se litigant’s ability to represent other persons or entities. See id. at 1–4. The

Court explained that a plaintiff must allege a concrete and particularized injury personal to himself,

fairly traceable to a defendant’s conduct, and likely to be redressed through a favorable judicial

decision. See id. at 1. The Court also explained that 28 U.S.C. § 1654 permits an individual to

represent his own interests but does not authorize a non-attorney to represent the legal interests of

others. See id. at 2–3.

Applying those principles to Plaintiff’s filings, the Court observed that Plaintiff purported

to act on behalf of the State of Florida and Legacy Benefit Holdings Limited and repeatedly stated

that nearly all the requested recovery was intended for states and third-party beneficiaries. See id.

at 3. The Court further noted that the Complaint framed many of the alleged injuries as injuries to

the State of Florida, Legacy Benefit Holdings Limited, and the contemplated beneficiaries of

Plaintiff’s proposed projects, rather than as a concrete and particularized injury personal to

Plaintiff. See id. The Court was, therefore, unable to determine from the Complaint whether

Plaintiff possessed standing to assert the claims presented. See id. Because Plaintiff was

proceeding pro se, the Court afforded him an opportunity to clarify and, if possible, cure those

deficiencies. See id. at 3–4. The Court ordered Plaintiff to show cause, no later than June 23,

2026, why this action should not be dismissed for lack of standing. See id. at 4. Specifically,

Plaintiff was required to:

1. identify each claim he sought to assert;

2. explain the concrete and particularized injury he personally suffered from each Defendant’s

alleged conduct;

3. explain how that injury was distinct from any injury suffered by a third party; and

4. provide legal authority supporting his contention that he had standing to pursue the claims

asserted.

See id. at 4.

Alternatively, Plaintiff was permitted to file an Amended Complaint by June 23, 2026. See

id. Any amended pleading was required to identify the proper plaintiff, allege only claims that

Plaintiff was legally authorized to pursue, and clearly explain the basis for Plaintiff’s standing to

seek relief in federal court. See id. The Court expressly warned Plaintiff that he could not proceed

pro se on behalf of another person or entity and that failure to establish standing could result in

dismissal without prejudice and without further warning. See id. at 4–5. The June 23, 2026

deadline has long since expired. Plaintiff did not respond to the Order to Show Cause, file an

Amended Complaint, or request an extension of time to do either. The original Complaint

therefore remains the operative pleading, and the deficiencies identified in the Court’s Order to

Show Cause remain uncorrected.

II. LEGAL STANDARDS

A. The Court’s Inherent Authority

Federal courts possess the inherent authority to manage their dockets and ensure the prompt

disposition of cases. See Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc.,

556 F.3d 1232, 1240 (11th Cir. 2009). Included within that authority is the power to dismiss an

action when a litigant fails to comply with court orders. See Foudy v. Indian River Cnty. Sheriff’s

Off., 845 F.3d 1117, 1126 (11th Cir. 2017) (“Federal courts possess an inherent power to dismiss

a complaint for failure to comply with a court order.”); see also Degen v. United States, 517 U.S.

820, 827 (1996) (recognizing a federal court’s authority to enforce its orders through dismissal in

appropriate circumstances); Fed. R. Civ. P. 41(b).

The Eleventh Circuit has repeatedly recognized that dismissal is appropriate where a

litigant disregards court orders and abandons prosecution of the action. See Betty K Agencies, Ltd.

v. M/V Monada, 432 F.3d 1333, 1337 (11th Cir. 2005); Moon v. Newsome, 863 F.2d 835, 837

(11th Cir. 1989) (“While dismissal is an extraordinary remedy, dismissal upon disregard of an

order, especially where the litigant has been forewarned, generally is not an abuse of discretion.”).

Those principles apply with equal force to pro se litigants. Although courts construe pro se filings

liberally, pro se parties remain obligated to comply with court orders and the Federal Rules of

Civil Procedure. See Moon, 863 F.2d at 837. A court cannot be expected to indefinitely delay

proceedings when a litigant fails to comply with directives necessary to move the case forward.

B. Motion to Proceed IFP

In most situations, a plaintiff who initiates a civil action in this District must pay a filing

fee of $405. See 28 U.S.C. § 1914(a); Flannery v. USAA Gen. Indem. Co., No. 24-CV-14390,

2024 WL 5485793, at *1 (S.D. Fla. Dec. 23, 2024); Court Fees, U.S. Dist. Ct. for S.D.

Fla., https://www.flsd.uscourts.gov/court-fees (last visited August 3, 2026). A plaintiff can avoid

paying the filing fee by including along with the complaint a motion to proceed IFP. See, e.g., 28

U.S.C. § 1915; Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 (11th Cir. 2004). A plaintiff

moving to proceed IFP must submit “an affidavit that includes a statement of all assets” the

plaintiff possesses, a statement “that the person is unable to pay” the filing fees, “the nature of the

action,” and the “affiant’s belief that” he or she “is entitled to redress.” 28 U.S.C. § 1915(a)(1).

If the affidavit is facially sufficient, the court should “docket the case and then proceed to

the question of whether the asserted claim is frivolous.” Martinez, 364 F.3d at 1307 (alteration

adopted, quotation marks omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i) (instructing that a court

must dismiss the case if the court “at any time” determines that the action “is frivolous or

malicious”). A claim is frivolous if it “realistically has no better than a slight chance of success”

or “lacks an arguable basis” in law or in fact, including, for example, by asserting fantastic

facts. Clark v. State of Ga. Pardons & Paroles Bd., 915 F.2d 636, 640 n.1 (11th Cir. 1990).

Section 1915(e) also requires the court to dismiss a complaint that “fails to state a claim on which

relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). Finally, § 1915(e) requires the court to

dismiss a complaint that “seeks monetary relief against a defendant who is immune from such

relief.” 28 U.S.C. § 1915(e)(2)(B)(iii).

And, of course, “[p]ro se pleadings are held to a less stringent standard than pleadings

drafted by attorneys and will, therefore, be liberally construed.” Hughes v. Lott, 350 F.3d 1157,

1160 (11th Cir. 2003). And while “pro se pleadings are liberally construed and federal courts

should look beyond the label of the pleadings to determine whether they are properly characterized,

a court may not serve as de facto counsel for a party or rewrite a pleading.” United States v.

Cordero, 7 F.4th 1058, 1068 (11th Cir. 2021) (citations and quotation marks omitted).

C. Pleading Requirements

As discussed above, § 1915(e)(2) requires the Court to dismiss Plaintiff’s case if it

“fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). Failure

to state a claim includes failure to comply with the Federal Rules of Civil Procedure.

See Moon, 863 F.2d at 837. That means Plaintiff’s Complaint must conform with Rule 8,

which requires him to give a short and plain statement of his claims showing he is entitled to

relief, see Fed. R. Civ. P. 8(a), and with Rule 10, which requires him to state those claims in a

series of numbered paragraphs and to limit each paragraph to a single set of circumstances, see

Fed. R. Civ. P. 10(b).

To state a claim for relief, a pleading “must contain” three substantive parts: (1) “a

short and plain statement of the grounds for the court’s jurisdiction,” (2) “a short and plain

statement of the claim showing that the pleader is entitled to relief,” and (3) “a demand for the

relief sought.” Fed. R. Civ. P. 8(a). Those substantive requirements are aimed at ensuring that

a complaint contains “sufficient factual matter, accepted as true,” Ashcroft v. Iqbal, 556 U.S.

662, 678 (2009), to both “state a claim to relief that is plausible on its face” and “give the

defendant fair notice of what the claim is and the grounds upon which it rests,” Bell Atl. Corp.

v. Twombly, 550 U.S. 544, 555, 570 (2007) (alteration adopted, quotation marks omitted).

“[D]istrict courts have the power and the duty to define the issues at the earliest stages

of litigation,” which includes the responsibility of dismissing or requiring a party to correct

shotgun pleadings. Johnson Enters. of Jacksonville, Inc. v. FPL Grp., Inc., 162 F.3d 1290,

1333 (11th Cir. 1998). There are four types of shotgun pleadings that violate Rule 8(a), Rule

10(b), or both:

The most common type — by a long shot — is a complaint containing multiple

counts where each count adopts the allegations of all preceding counts, causing

each successive count to carry all that came before and the last count to be a

combination of the entire complaint. The next most common type . . . is a complaint

that does not commit the mortal sin of re-alleging all preceding counts but is guilty

of the venial sin of being replete with conclusory, vague, and immaterial facts not

obviously connected to any particular cause of action. The third type of shotgun

pleading is one that commits the sin of not separating into a different count each

cause of action or claim for relief. Fourth, and finally, there is the relatively rare

sin of asserting multiple claims against multiple defendants without specifying

which of the defendants are responsible for which acts or omissions, or which of

the defendants the claim is brought against.

Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1321-23 (11th Cir. 2015) (footnote

call numbers omitted).

The “unifying characteristic” of shotgun pleadings is that they “fail . . . to give the

defendants adequate notice of the claims against them and the grounds upon which each claim

rests.” Id. at 1323 (footnote call number omitted). The Eleventh Circuit has “condemned

shotgun pleadings time and again” because they “exact an intolerable toll on the trial court’s

docket, lead to unnecessary and unchannelled discovery, and impose unwarranted expense on

the litigants, the court and the court’s parajudicial personnel and resources.” Jackson v. Bank

of Am., N.A., 898 F.3d 1348, 1356–57 (11th Cir. 2018) (citation omitted); see also Anderson

v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 367 (11th Cir. 1996) (“Experience

teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not

controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society

loses confidence in the court’s ability to administer justice.”).

Given the havoc they wreak, the Eleventh Circuit has specifically instructed district

courts not to tolerate shotgun pleadings because “[t]olerating such behavior constitutes

toleration of obstruction of justice.” Jackson, 898 F.3d at 1357 (footnote omitted); see

also Cramer v. Florida, 117 F.3d 1258, 1263 (11th Cir. 1997) (“[S]hotgun complaints . . . are

altogether unacceptable.”). It has made clear that a district court that receives a shotgun

pleading, at a minimum, “must intervene sua sponte and order a repleader.” Byrne v. Nezhat,

261 F.3d 1075, 1133 (11th Cir. 2001), abrogated on other grounds by Bridge v. Phoenix Bond

& Indem. Co., 553 U.S. 639 (2008). And if the claims of a complaint “are so poorly pleaded

that” it is “virtually impossible to know which allegations of fact are intended to support which

claim(s) for relief,” Weiland, 792 F.3d at 1325 (emphasis and quotation marks omitted), a

district court “retains authority to dismiss a shotgun pleading on that basis alone,” Jackson,

898 F.3d at 1357.

D. Standing

Article III of the United States Constitution limits the jurisdiction of federal courts to

actual “Cases” and “Controversies.” U.S. Const. art. III, § 2. “For there to be a case or

controversy under Article III, the plaintiff must have a personal stake in the case — in other

words, standing.” TransUnion LLC v. Ramirez, 594 U.S. 413, 423 (2021) (quotation marks

omitted). “For a party to have standing to bring a lawsuit, it must have ‘(1) suffered an injury

in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is

likely to be redressed by a favorable judicial decision.’” Muransky v. Godiva Chocolatier,

Inc., 979 F.3d 917, 924 (11th Cir. 2020) (en banc) (quoting Spokeo, Inc. v. Robins, 578 U.S.

330, 338 (2016)). “In plainer language, the plaintiff needs to show that the defendant harmed

him, and that a court decision can either eliminate the harm or compensate for it.” Id.

To satisfy the injury-in-fact requirement, the alleged injury must be both concrete and

particularized and actual or imminent rather than conjectural or hypothetical. See Spokeo, 578

U.S. at 339. For an injury to be particularized, it “must affect the plaintiff in a personal and

individual way.” Id. (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 n.1 (1992)). A

plaintiff therefore generally may not rest his claim for relief on the legal rights or interests of

third parties. See Warth v. Seldin, 422 U.S. 490, 499 (1975). Nor may a court grant relief for

an individual or entity that is not properly before it. See Nagarajan v. Petrie Constr. LLC, No.

24-CV-61359, 2024 WL 4003706, at *1 (S.D. Fla. Aug. 2, 2024) (explaining that a court is

“without authority” to grant relief for a non-party); see also Doctor’s Assocs., Inc. v. Reinert

& Duree, P.C., 191 F.3d 297, 302 (2d Cir. 1999) (“Subject to exceptions, a court’s in personam

order can bind only persons who have placed themselves or been brought within the court’s

power.”); United States v. Paccione, 964 F.2d 1269, 1275 (2d Cir. 1992) (“[A] court generally

may not issue an order against a nonparty.”). A dismissal for lack of standing must be without

prejudice. See Stalley ex rel. United States v. Orlando Reg’l Healthcare Sys., Inc., 524 F.3d

1229, 1232 (11th Cir. 2008) (“Because standing is jurisdictional, a dismissal for lack of

standing has the same effect as a dismissal for lack of subject matter jurisdiction under Fed. R.

Civ. P. 12(b)(1).” (quoting Cone Corp. v. Fla. Dep’t of Transp., 921 F.2d 1190, 1203 n.42

(11th Cir. 1991))).

Relatedly, 28 U.S.C. § 1654 provides that, “[i]n all courts of the United States[,] the

parties may plead and conduct their own cases personally or by counsel, as, by the rules of

such courts, respectively, are permitted to manage and conduct causes therein.” Timson v.

Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (quoting 28 U.S.C. § 1654). Section 1654

protects an individual’s right to represent himself, but it does not authorize a non-attorney to

represent another person’s or entity’s legal interests. See id.; see also Conner v. Penn. Nat’l

Mut. Cas., No. 07-CV-14301, 2008 WL 2944662, at *1 (S.D. Fla. July 31, 2008); Charest v.

Williams, No. 07-CV-984-MHT, 2008 WL 686621, at *1 (M.D. Ala. Mar. 7, 2008) (explaining

that a pro se litigant may not litigate the claims of others because “the competence of a layman

is clearly too limited to allow him to risk the rights of others”) (quotation marks and citation

omitted).

Although “the right to proceed pro se under 28 U.S.C. § 1654[] is a fundamental

statutory right that is afforded the highest degree of protection,” that right belongs only to the

person appearing pro se. Conner, 2008 WL 2944662, at *1 (citation omitted). Accordingly,

“a plaintiff may not proceed pro se if the suit is actually brought on behalf of a real party in

interest” other than himself. Id. Following that same rationale, a separate juridical entity,

including a corporation, trust, or other artificial entity, ordinarily must appear through licensed

counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985).

III. DISCUSSION

A. Plaintiff Failed to Prosecute This Action and Comply with the Court’s Order to

Show Cause

The Complaint is first subject to dismissal because Plaintiff failed to prosecute this action

and failed to comply with the Court’s June 3, 2026 Order to Show Cause. See ECF No. [9]. As a

recap, the Court did not dismiss the case immediately upon identifying the standing and

representational deficiencies in Plaintiff’s filings. Instead, consistent with the liberal treatment

afforded to pro se pleadings, the Court provided Plaintiff a meaningful opportunity to clarify his

claims and establish his standing and the Court’s jurisdiction. See id. at 3–4; see also Tannenbaum

v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998); cf. Woldeab v. DeKalb Cnty. Bd. of Educ.,

885 F.3d 1289, 1292 (11th Cir. 2018). The Court’s instructions were both detailed and tailored to

the particular deficiencies apparent from Plaintiff’s filings. Plaintiff was directed to identify each

claim, explain the concrete and particularized injury he personally suffered because of each

Defendant’s conduct, distinguish his alleged injury from injuries allegedly suffered by third

parties, and identify legal authority supporting his standing. See ECF No. [9] at 4. Alternatively,

Plaintiff was permitted to file an Amended Complaint identifying the proper plaintiff, limiting the

pleading to claims Plaintiff was legally authorized to pursue, and clearly explaining the basis for

standing. See id.

The Order was clear and unambiguous. It established a specific deadline of June 23, 2026

and expressly warned Plaintiff that failure to establish standing could result in dismissal without

prejudice and without further warning. See id. at 4–5. The warning was particularly significant

because the Court had previously warned Plaintiff, in connection with the filing-fee requirement,

that noncompliance with a Court order could result in dismissal. See ECF No. [5]. Thus, Plaintiff

had notice both of what he was required to do and of the consequence of failing to do it.

Nevertheless, Plaintiff did not respond. He did not attempt to explain his personal injury, identify

the legal claims being asserted, distinguish his interests from those of Legacy Benefit Holdings

Limited or the State of Florida, provide authority supporting his standing, or file an Amended

Complaint. He also did not request additional time or inform the Court of any impediment

preventing compliance.

The Court cannot litigate Plaintiff’s case for him or hold the case open indefinitely while

waiting for him to take the steps necessary to establish jurisdiction and advance the litigation.

Although Plaintiff is pro se, he remains subject to Court orders and the Federal Rules of Civil

Procedure. See Moon, 863 F.2d at 837. His complete failure to respond to an order directed at a

threshold jurisdictional issue constitutes both a failure to prosecute and a failure to comply with a

lawful Court order. Under these circumstances, dismissal without prejudice is appropriate.

See Degen, 517 U.S. at 827; Foudy, 845 F.3d at 1126; Moon, 863 F.2d at 837. Plaintiff received

a meaningful opportunity to correct the deficiencies, explicit instructions concerning the required

response, a definite deadline, and advance warning that dismissal could follow. His failure to take

any action after receiving that warning demonstrates abandonment of the case sufficient to warrant

dismissal.2

B. The Complaint Fails to State a Claim

The Complaint is also subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff

seeks leave to proceed without paying the filing fee. See ECF No. [8]. That request requires the

Court to examine the sufficiency of the proposed action and dismiss it if it fails to state a claim

upon which relief may be granted. See 28 U.S.C. § 1915(e)(2).

Even when construed liberally, the Complaint does not satisfy Rules 8 and 10. First, it

fails to provide a short and plain statement of the grounds for federal jurisdiction. See Fed. R. Civ.

P. 8(a)(1). The Complaint concerns an alleged contract, alleged theft or conversion of financial

instruments, alleged fraudulent transactions, and an alleged conspiracy involving a private

individual and federal officials. See generally ECF No. [1]. But it does not identify any provision

of the Constitution, any federal statute, or any other jurisdictional grant that authorizes a federal

court to decide those claims. See generally id.

For federal question jurisdiction, a complaint must identify a federal cause of action or

allege facts demonstrating that the plaintiff’s right to relief necessarily depends on the resolution

of a substantial question of federal law. See 28 U.S.C. § 1331; Gunn v. Minton, 568 U.S. 251,

257–58 (2013). Plaintiff does neither. The Complaint does not identify a constitutional right that

Keel or Mickelson allegedly violated, a federal statute authorizing a private right of action against

them, or a recognized waiver of sovereign immunity. See generally ECF No. [1].

2 Dismissal without prejudice, rather than with prejudice, is the proper sanction. The Court has not

adjudicated the merits of any properly pleaded claim, and the current record does not contain the findings

of willful or contumacious conduct ordinarily required for the more severe sanction of dismissal with

prejudice. See Betty K Agencies, 432 F.3d at 1337–39. A dismissal without prejudice adequately vindicates

the Court’s authority, clears an inactive case from the docket, and leaves Plaintiff free to pursue any claim

he is legally entitled to assert through a properly pleaded action, subject to any applicable defenses or

limitations periods.

Nor does the Complaint adequately invoke diversity jurisdiction. It does not allege the

citizenship of any party, much less the citizenship of every plaintiff and every defendant. See

generally id.; see also 28 U.S.C. § 1332(a). Plaintiff’s incarceration in Kentucky, his identification

of Keel as an Assistant United States Attorney in Kentucky, and his descriptions of Legacy Benefit

Holdings Limited and the State of Florida do not supply the complete citizenship allegations

necessary to establish diversity jurisdiction. In fact, the limited citizenship allegations Plaintiff

does include in the Complaint defeat diversity of citizenship. The Complaint therefore does not

satisfy Rule 8(a)(1).

Second, the Complaint fails to provide a short and plain statement showing that Plaintiff is

entitled to relief. See Fed. R. Civ. P. 8(a)(2). It contains a continuous narrative that blends several

distinct legal theories — including breach of contract, theft, fraud, money laundering, conspiracy,

wrongful arrest, and official misconduct — without identifying which causes of action Plaintiff

intends to pursue. See generally ECF No. [1]. It does not separate those theories into individual

counts, identify the elements of any claim, or connect each claim to specific supporting facts.

The allegations against the three Defendants are also not sufficiently differentiated. Fagan

is alleged to have entered into a contract, taken possession of financial instruments, engaged in

transactions involving allegedly laundered funds, and failed to return or pay for the assets. See id.

at 1–2. Mickelson is alleged to have accepted money from Fagan and participated in initiating a

fraudulent prosecution against Plaintiff. See id. at 2. Keel is alleged to have ignored Plaintiff’s

allegations and the harm purportedly suffered by Plaintiff and others. See id. But the Complaint

does not identify the legal claim asserted against each Defendant or explain how the alleged facts

satisfy the elements of any particular cause of action.

The Complaint therefore displays at least two recognized forms of shotgun pleading. It

fails to separate each cause of action into a distinct count, and it asserts multiple legal theories

against multiple Defendants without clearly specifying which Defendant is liable under which

theory. See Weiland, 792 F.3d at 1322–23. It is also replete with conclusory assertions — such

as conspiracy, theft, fraud, and money laundering — without sufficient factual allegations

connecting those labels to a legally cognizable claim. See id.

The allegations sounding in fraud are especially deficient. Rule 9(b) requires a party

alleging fraud to “state with particularity the circumstances constituting fraud[.]” Fed. R. Civ. P.

9(b). That ordinarily requires identification of the allegedly false statements or acts, the time and

place of the misconduct, the person responsible, how the statements or conduct were misleading,

and what the defendant obtained as a result. See Brooks v. Blue Cross & Blue Shield of Fla., Inc.,

116 F.3d 1364, 1371 (11th Cir. 1997). Plaintiff’s generalized allegations of a “fraudulent case,”

conspiracy, stolen money, and illegal transactions do not satisfy that standard.

Third, the Complaint does not clearly state a legally cognizable demand for relief as

required by Rule 8(a)(3). Plaintiff appears to seek recovery of the alleged bearer notes or their

asserted $21 billion value, but he repeatedly states that nearly all of the recovery would be

distributed to states and third-party beneficiaries. See ECF No. [1] at 1–3. The Complaint does

not clearly state what relief Plaintiff personally seeks from each Defendant, whether he seeks legal

or equitable relief, or the legal basis upon which the Court could direct that funds be distributed to

non-party governmental entities and beneficiaries.

The Complaint also fails to comply with Rule 10(b). It does not use numbered paragraphs,

limit each paragraph to a single set of circumstances, or separate different transactions and claims

in a manner that would permit Defendants to respond intelligibly. See Fed. R. Civ. P. 10(b). Its

handwritten narrative combines the alleged contract, the financial transactions, Plaintiff’s arrest,

the proposed charitable projects, and injuries allegedly sustained by multiple persons and entities

into a single undifferentiated pleading. These deficiencies are not merely technical. They prevent

the Court and Defendants from identifying the causes of action at issue, the jurisdictional basis for

those claims, the particular Defendant responsible for each alleged violation, and the relief sought

by Plaintiff. A Defendant could not reasonably frame a responsive pleading from the present

Complaint without guessing what claims Plaintiff intended to assert and on whose behalf he

intended to assert them. That is precisely the harm Rules 8 and 10, and the prohibition against

shotgun pleadings, are intended to prevent. See Weiland, 792 F.3d at 1323; Anderson, 77 F.3d at

366–67.

The Court afforded Plaintiff an opportunity to address these problems. The Order to Show

Cause directed him to identify each claim, identify his own concrete injury, distinguish his injury

from that of others, and, alternatively, submit an Amended Complaint identifying the proper

plaintiff and the claims he was authorized to pursue. See ECF No. [9] at 4. Plaintiff did not avail

himself of that opportunity. Because the operative Complaint does not comply with Rules 8 and

10, does not identify a basis for federal jurisdiction, does not state a plausible claim against any

Defendant, and remains an impermissible shotgun pleading, it fails to state a claim upon which

relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). And because the Court may not rewrite

the Complaint, select legal theories for Plaintiff, or construct jurisdictional allegations he did not

plead, dismissal is appropriate. See Cordero, 7 F.4th at 1068.

C. Plaintiff Has Not Established Article III Standing and Cannot Proceed Pro Se on

Behalf of Other Persons or Entities

The action is independently subject to dismissal because Plaintiff has not established

Article III standing. The Complaint does include allegations that might, if properly developed,

concern an injury to Plaintiff. For example, Plaintiff alleges that he entered into an agreement

with Fagan, demanded the return of assets or payment, and was later arrested through an allegedly

fraudulent prosecution. See ECF No. [1] at 1–2. But the pleading does not clearly identify whether

Plaintiff entered the alleged agreement in his individual capacity, as a beneficiary of Legacy

Benefit Holdings Limited, as a representative of that entity, or purportedly on behalf of the State

of Florida and the project’s intended beneficiaries. See id. at 1. That ambiguity is material. Article

III requires Plaintiff to identify a concrete and particularized injury that he personally suffered.

See TransUnion, 594 U.S. at 423; Muransky, 979 F.3d at 924. Plaintiff cannot establish standing

merely by alleging that Defendants injured Legacy Benefit Holdings Limited, the State of Florida,

veterans, homeless individuals, single mothers, disabled individuals, or residents of several states.

Those alleged injuries belong, if at all, to those persons or entities, not automatically to Plaintiff.

The Complaint expressly identifies Legacy Benefit Holdings Limited as a plaintiff and

describes himself as its “Beneficiary.” ECF No. [1] at 1. Plaintiff cannot represent Legacy Benefit

Holdings Limited pro se. Section 1654 permits Plaintiff to conduct his own case; it does not

authorize him to serve as legal counsel for a separate trust, company, or other juridical entity.

See 28 U.S.C. § 1654; Timson, 518 F.3d at 873; Palazzo, 764 F.2d at 1385. Thus, even assuming

Legacy Benefit Holdings Limited possesses a claim, Plaintiff cannot prosecute that claim on the

entity’s behalf unless he is a licensed attorney authorized to represent it. Nothing in the record

indicates that he is.

The same problem applies to the State of Florida. The Complaint identifies Plaintiff and

Legacy Benefit Holdings Limited as acting “on the behalf of the State of Florida.” ECF No. [1] at

1. But Plaintiff is a private individual. In his Complaint, he identifies no appointment, statute,

authorization, assignment, or other legal basis permitting him to litigate claims on behalf of the

State of Florida. A private pro se litigant cannot assume the role of the Florida Attorney General

or otherwise prosecute claims belonging to the State. See 28 U.S.C. § 1654; Timson, 518 F.3d at

873. Nor can the Court award relief to the State of Florida when the State is not properly before

the Court as a party represented by authorized counsel. See Nagarajan, 2024 WL 4003706, at *1.

Plaintiff likewise cannot establish standing based on the contemplated use of any recovery

for veterans, homeless individuals, single mothers, disabled persons, or residents of Florida and

other states. Plaintiff repeatedly emphasizes that 98 percent of any recovery would be used to

benefit those groups. See ECF Nos. [1], [7], [8]. Even accepting Plaintiff’s charitable intentions

as true, a desire to use an alleged recovery to assist third parties does not demonstrate that Plaintiff

himself suffered a legally cognizable injury. Article III standing turns on whether Defendants

invaded Plaintiff’s own legally protected interests, not on whether Plaintiff intends to use a

potential recovery for socially beneficial purposes. See Spokeo, 578 U.S. at 339. The proposed

distribution of funds also does not establish redressability. The Complaint does not explain how

an order directing Defendants to pay billions of dollars for projects benefiting non-parties would

redress a personal injury suffered by Plaintiff. Nor does it identify any enforceable legal interest

Plaintiff possesses in the construction of the proposed homes and greenhouses or in the distribution

of funds to the identified states and beneficiaries. A generalized interest in seeing a proposed

project completed or third parties benefited is insufficient to establish Article III standing. See

Muransky, 979 F.3d at 924.

The traceability requirement is also inadequately pleaded. The Complaint alleges a broad

sequence of misconduct involving Fagan’s alleged failure to perform a contract, allegedly unlawful

financial transactions, payments to Mickelson, Plaintiff’s arrest, and Keel’s alleged failure to

respond. ECF No. [1]. But it does not clearly identify the specific injury Plaintiff personally

attributes to each Defendant. The generalized assertion that all Defendants participated in a

conspiracy does not substitute for facts establishing a causal connection between each Defendant’s

conduct and a concrete injury to Plaintiff. These were the precise deficiencies identified in the

Order to Show Cause. See ECF No. [9]. The Court did not require Plaintiff to prove his claims.

It required him only to identify the claims, explain his personal injury, distinguish that injury from

the injuries of third parties, and provide a legal basis for his standing. See id. at 4. Plaintiff did

not respond and therefore left the Court without the information necessary to determine whether

an actual case or controversy exists.

Because Plaintiff bears the burden of establishing standing and has not done so, the Court

cannot proceed with this action. See Lujan, 504 U.S. at 561. The appropriate disposition is

dismissal without prejudice. See Stalley, 524 F.3d at 1232. A jurisdictional dismissal without

prejudice does not determine whether Plaintiff, Legacy Benefit Holdings Limited, the State of

Florida, or any other person possesses a potentially viable claim. It reflects only that Plaintiff has

not established his authority to litigate the claims asserted in this case or this Court’s constitutional

power to adjudicate them.

IV. CONCLUSION

For the foregoing reasons, the undersigned respectfully RECOMMENDS that:

1. This action be DISMISSED WITHOUT PREJUDICE for failure to prosecute, for failure

to comply with the Court’s Order to Show Cause, ECF No. [9], for failure to state a claim,

and for lack of Article III standing;

2. Plaintiff’s Motion to Remain in the Southern District of Florida, ECF No. [7], and Motion

for Leave to Proceed In Forma Pauperis, ECF No. [8], be DENIED AS MOOT; and

3. The Clerk of Court be directed to CLOSE this case.

The Parties will have fourteen (14) days from the date of being served with a copy of this

CASE NO. 26-CV-22361-ELFENBEIN

Report and Recommendation within which to file written objections, if any, with the assigned

United States District Judge. Failure to timely file objections shall bar the Parties from a de novo

determination by the District Judge of an issue covered in the Report and shall bar the Parties from

attacking on appeal unobjected-to factual and legal conclusions contained in this Report except

upon grounds of plain error if necessary in the interest of justice. See 28 U.S.C. § 636(b)(1);

Thomas vy. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989);

11th Cir. R. 3-1.

RESPECTFULLY SUBMITTED in Chambers in Miami, Florida on August 5, 2026.

□ f _

MARTY FULGUEIRA ELFENBEIN

UNITED STATES MAGISTRATE JUDGE

ce: All Counsel of Record

Stacy Allen Taylor

212148

G.C.D.C.

320 Shaw Station Rd.

Leitchfield, KY 42754

PROSE

22

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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