Robinson v. Terry et al (MAG+)

Filing 14

ORDERED as follows: 1. Plaintiff's 2 motion for leave to proceed in forma pauperis is GRANTED; 2. On or before 12/11/2024, Plaintiff must file an amended complaint that complies with the following requirements, as further set out in Order. Signed by Magistrate Judge Jerusha T. Adams on 11/25/2024. (AM)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES ROBINSON,

)
)
)
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) CASE NO. 2:24-cv-358-ECM-JTA
) (WO)
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)

Plaintiff,
v.
ALCORNELIA TERRY, et al.,
Defendants.

ORDER
Before the court is the motion for leave to proceed in forma pauperis filed by pro
se Plaintiff James Robinson. (Doc. No. 2.) Upon review of the motion, it is due to be
granted. In addition, Plaintiff will be ordered to file an amended complaint that complies
with this Order.
I.

DISCUSSION

Because Plaintiff is proceeding in forma pauperis, the court must review his
pleading(s) under 28 U.S.C. § 1915(e)(2)(B). Under that statute, the court is required to
dismiss a complaint if it determines that the action is frivolous or malicious, fails to state a
claim on which relief may be granted, or seeks monetary relief from a defendant immune
from such relief. 28 U.S.C. § 1915(e)(2)(B)(i) – (iii). Upon review, the court finds the
complaint contains numerous deficiencies that must be remedied before this case can
proceed.

Under the Federal Rules of Civil Procedure, a complaint must contain “a short and
plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P.
8(a)(2). While detailed factual allegations are not required, a plaintiff must present “more
than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007)). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the
elements of a cause of action will not do.’” Id. “Nor does a complaint suffice if it tenders
‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Id. (quoting Twombly, 550
U.S. at 557).
To survive dismissal for failure to state a claim, “a complaint must contain sufficient
factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id.
(quoting Twombly, 550 U.S. at 570). “A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556).
“Threadbare recitals of the elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555 (noting that, although a
court must accept all factual allegations in a complaint as true at the motion to dismiss
stage, it need not “accept as true a legal conclusion couched as a factual allegation”)).
In its current state, Plaintiff’s complaint fails to satisfy the Federal Rules of Civil
Procedure. Throughout the complaint, Plaintiff alleges Defendants violated his 13th, 14th,
and 8th Amendment rights in violation of 28 U.S.C. § 1983. (Doc. No. 1.) Plaintiff alleges
various facts throughout his complaint, but they are not linked specifically to the 13th,
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14th, or 8th Amendment rights. This makes it difficult to discern what civil rights Plaintiff
believes have been violated, how they were allegedly violated, and by whom. 1 The
complaint further appears to be “replete with conclusory, vague, and immaterial facts not
obviously connected to any particular cause of action,” which “fail to . . . give the
defendants adequate notice of the claims against them and the grounds upon which each
claim rests.” Weiland v. Palm Beach Cty. Sheriff’s Off., 792 F.3d 1313, 1322–23 (11th Cir.
2015). Thus, as written, the complaint is an impermissible shotgun pleading 2 that fails to
state a viable legal claim. See id.

For example, Plaintiff alleges he is being held under illegal slavery because Defendants are
“holding Robinson in Alabama prison without legal justification.” (Doc. No. 1 at 2.) However, at
a status conference on October 18, 2024, Plaintiff informed the court he is not currently
incarcerated as he was released on parole in 2018. Plaintiff also provided documents stating the
same to the court which have been filed and placed under seal.
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2

The Eleventh Circuit has defined shotgun pleadings as follows:
Though the groupings cannot be too finely drawn, we have identified four rough
types or categories of shotgun pleadings. 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, at least as far as our published opinions on the subject reflect, 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. The unifying
characteristic of all types of shotgun pleadings is that they fail to one degree or
another, and in one way or another, to give the defendants adequate notice of the
claims against them and the grounds upon which each claim rests.

Weiland, 792 F.3d at 1323 (footnotes omitted) (emphasis added).
3

To the extent Plaintiff seeks to state a claim under § 1983, he must demonstrate (1)
a violation of a right secured by the Constitution or laws of the United States; and (2) that
the alleged violation was committed by a person acting under color of state law. West v.
Atkins, 487 U.S. 42, 48 (1988). To do this, Plaintiff must clearly articulate what right he
believes has been violated, how he believes that right has been violated, and by whom. To
the extent practicable, and for further clarity, Plaintiff should also state when and where
the alleged violation occurred. Absent allegations sufficient to satisfy both the Federal
Rules and the § 1983 standard set forth above, the court will be required to dismiss this
action.
II.

CONCLUSION

Accordingly, is ORDERED as follows:
1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2) is
GRANTED.

2.

On or before December 11, 2024, Plaintiff must file an amended complaint
that complies with the following requirements:
a.

Names as defendants only those individuals he contends are
personally responsible for the alleged violations of his constitutional
rights.

b.

Sets out a short, plain statement of the facts on which Plaintiff bases
his claims. The amended complaint must specifically describe how
each named defendant acted, or failed to act, in a manner that deprived
Plaintiff of his constitutional rights.
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c.

Presents a short and plain statement of each claim showing that
Plaintiff is entitled to relief and that “give[s] the defendant fair notice
of what the . . . claim is and the grounds upon which it rests.”
Twombly, 550 U.S. at 555 (citation omitted); Fed R. Civ. P. 8(a)(2).
The amended complaint should set out each claim in a separately
numbered count and reference specific allegations of fact that support
each legal claim.

Plaintiff is advised that failure to timely file an amended complaint in compliance
with the requirements of this Order may constitute grounds for dismissal for failure to
prosecute this case and for failure to comply with the court’s orders. Such dismissal may
be with or without prejudice.
DONE this 25th day of November, 2024.

JERUSHA T. ADAMS
UNITED STATES MAGISTRATE JUDGE

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