Gates v. Lee County Sheriff's Department et al

Filing 6

ORDER dismissing case without prejudice re 1 Complaint. The Plaintiff, William A. Gates, Jr.'s Complaint 1 is DISMISSED without prejudice. The Plaintiff has up to and including August 2, 2013, to file an Amended Complaint that complies wi th the Federal and Local Rules of Civil Procedure. The Plaintiff has up to and including August 2, 2013, to file a copy of his Affidavit of Indigency and a copy of his prisoner trust account for the last six (6) months or pay his filing fee with the Court. The Clerk of the Court is directed to return the copies of discovery the Plaintiff sent to the Court, to William A. Gates, Jr., # Y49234, Glades Work Camp, 2600 N. Main Street, Belle Glade, Florida 33430-5314. Additionally, the Clerk of the Court is directed to send the Plaintiff a copy of the Court's "Step by Step Guide to filing a Civil Action in the United States Federal Court" at the address listed above. Signed by Judge Sheri Polster Chappell on 7/2/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

WILLIAM A. GATES, JR.,
Plaintiff,
v.

Case No: 2:13-cv-445-FtM-38UAM

LEE COUNTY SHERIFFS
DEPARTMENT, NBC 2 NEWS,
FORT MYERS NEWS-PRESS,
ROBERT SMITH, BRIAN
GRABECKI, BRIAN WILBUR, GIAN
FRANSICO, PAUL HARVEY, ERICA
CUNNINGHAM, PATRICIA
ENTEXLINE and DENES HUSTY,
Defendants.
/
ORDER
This matter comes before the Court on the Court's Review of the Plaintiff, William
A. Gates, Jr.'s Complaint (Doc. #1) filed on June 12, 2013. On November 12, 2012, the
Plaintiff filed a lawsuit against the Lee County Sheriff’s Office (LCSO) in the Circuit
Court in the Twentieth Judicial Circuit in and for Lee County, Florida alleging that
deputies of the LCSO violated his human and constitutional rights by arresting him
without proper investigation on June 17, 2009, June 19, 2009, December 6, 2010, and
January 15, 2011. On June 12, 2013, the Plaintiff filed a Complaint with this Court
stating that he is bringing a Complaint against the Defendants pursuant to 28 U.S.C. §
1983.
In his Complaint, the Plaintiff states that he is bringing the case against the
Defendants pursuant to § 1983 and then attaches a copy of his initial Complaint he filed

in State Court stating “this claim arises from the attached claim a tort claim which is
proceeding in civil court of the same district.” The Plaintiff continues “these claims
directly violates [sic] both Plaintiffs human and constitutional rights which envokes [sic]
Federal Action.”
In this instance, the Plaintiff’s Complaint consists of four (4) counts that appear to
allege that he was falsely arrest by deputies of the LCSO, but he does not state which
deputy arrested him in each separate count. He further provides no factual background
other than to state the deputies did not investigate the charges against him before
arresting him. Plaintiff also claims he was defamed by reporters from NBC-2, because
his arrest was broadcast on NBC-2 news. However, the Plaintiff does not provide the
Constitutional Amendment that was violated or right that he was denied nor claim the
federal statute the deputies and reporters violated.
The Plaintiff’s Complaint does not follow the Federal and Local Rules of Civil
Procedure and is due to be dismissed without prejudice with leave to file an Amended
Complaint.

The Plaintiff is cautioned that his Amended Complaint must follow the

format in the Federal and Local Rules before being considered by the Court.
Federal Rules 8 and 10 give the instructions on how to file a proper complaint.
Rule 8 of the Federal Rules of Civil Procedure requires “a short and plain statement of
the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). This
requirement ensures that the defendant is given fair notice of what the claim is and the
grounds upon which it rests. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 561- 563, S.
Ct. 127 S. Ct. 1955, 167 L. Ed 2d 929 (2007) (abrogating Conley v. Gibson, 355 U.S.
41, 45-46, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957)). To meet this standard, the plaintiff must

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allege “more than labels and conclusions, and a formulaic recitation of the elements of a
cause of action will not do. Twombly, 128 S.Ct. at 1965 (citing Papasan v. Allain, 478
U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986)). Rule 10 requires that:
[a] party must state its claims or defenses in numbered paragraphs, each
limited as far as practicable to a single set of circumstances. A later
pleading may refer by number to a paragraph in an earlier pleading. If
doing so would promote clarity, each claim founded upon on a separate
transaction or occurrence– and each defense other than a denial– must
be stated in and separate count or defense.
Fed. R. Civ. P. 10(b).
The Plaintiff’s conclusory statements, even if contained within a valid Complaint,
are insufficient to state a claim under Rule 8. The Plaintiff is cautioned that he must
comply with the requirements of Rule 8 or have his case dismissed. In future filings, the
Plaintiff must name as Defendants only those persons or entities responsible for
violating a federal statute or for alleged constitutional violations. If the Plaintiff intends
to proceed against the named Defendants he must state what rights under the
Constitution, laws, or treaties of the United States have been violated, allege which acts
were committed by each Defendant in violation of same, and state how each act entitles
him to relief. It is improper for Plaintiff to merely list constitutional rights or federal rights
and/or statutes and claim the deputies or reporters in Lee County violated those rights.
The Plaintiff must provide support in a statement of facts for the claimed violations and
then state in separate numbered counts how each Defendant violates those rights or
laws.
Further the Plaintiff has failed to file an affidavit of indigency and a copy of his
prisoner trust account. The Plaintiff did provide the Court with notice that he filed an
affidavit and a copy of his prisoner trust account to the State Court, however, that is not

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valid in this Court. The Plaintiff will be required to file the proper financial information
with this Court in order to proceed with his claim.
The Plaintiff also sent copies of articles and records from his case in Lee County
to each Judge’s Chambers in the Fort Myers Division. While it appears Plaintiff is
attempting to comply with the Court’s Standing Order (Doc. # 3) for All Confined Pro Se
Litigants, it is not necessary for the Plaintiff to send all of the Judges courtesy copies of
everything he files with this Court. In the future, the Plaintiff may send courtesy copies
of motions or filings that exceed twenty-five (25) pages to the District Judge presiding
over his case. In addition, the Plaintiff must send copies to the Clerk of the Court for
filing in his case. The Plaintiff does not need to file copies of his discovery with the
Court.
Accordingly, it is now
ORDERED:
1. The Plaintiff, William A. Gates, Jr.'s Complaint (Doc. #1) is DISMISSED
without prejudice. The Plaintiff has up to and including August 2, 2013, to file
an Amended Complaint that complies with the Federal and Local Rules of
Civil Procedure.
2. The Plaintiff has up to and including August 2, 2013, to file a copy of his
Affidavit of Indengency and a copy of his prisoner trust account for the last six
(6) months or pay his filing fee with the Court.
3. The Clerk of the Court is directed to return the copies of discovery the Plaintiff
sent to the Court, to William A. Gates, Jr., # Y49234, Glades Work Camp,
2600 N. Main Street, Belle Glade, Florida 33430-5314.

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4. Additionally, the Clerk of the Court is directed to send the Plaintiff a copy of
the Court’s “Step by Step Guide to filing a Civil Action in the United States
Federal Court” at the address listed above.
DONE and ORDERED in Fort Myers, Florida this 2nd day of July, 2013.

Copies: All Parties of Record

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