Rancel v. Scott

Filing 5

OPINION AND ORDER dismissed without prejudice re: 1 Complaint, terminating 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency. The Clerk of Court shall close the case, and enter judgment accordingly. The Clerk shall s end Plaintiff a civil rights complaint form, a 28 U.S.C. § 2254 habeas form, an affidavit of indigency form, and a prisoner consent form and financial certificate. If Plaintiff chooses to pursue a civil rights action or habeas action, he may com plete and submit these forms. However, Plaintiff should not place the instant case number on the forms as this case will be closed. The Clerk will assign a separate case number in the event Plaintiff elects to pursue another action. Signed by Judge Sheri Polster Chappell on 11/6/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAY RANCEL,
Plaintiff,
v.

Case No: 2:17-cv-604-FtM-99MRM

MIKE SCOTT,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on Plaintiff Jay Rancel’s handwritten document
simply titled Complaint (Doc. #1), filed on November 3, 2017.

Upon review of the

pleading, it is unclear what relief is sought. Plaintiff appears to both complain about being
trespassed from an undisclosed Publix grocery store and a McDonalds, and complains
of an issue with reality television actress Brooke Hogan. Plaintiff states that he was Baker
Acted on several occasions, placed in isolation, and was mistreated by deputies of the
Lee County Sheriff’s Office during the process. Id. Further, Plaintiff fails to use the civil
rights complaint form or habeas corpus form required for use by pro se litigants to present
their cases.

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As currently written, the instant pleading fails to contain the information required in
a civil rights complaint or in a 28 U.S.C. § 2254 petition. For example, Plaintiff’s allegations
are virtually unintelligible, and the complaint does not contain the historical information
concerning Plaintiff’s prior federal cases. See 28 U.S.C. § 1915(g). Therefore, this case
will be dismissed without prejudice to give Plaintiff an opportunity to properly file a civil
rights complaint or 28 U.S.C. § 2254 habeas petition.
Accordingly,
it is hereby ORDERED:
1. This case is DISMISSED without prejudice.
2. The Clerk of the Court shall terminate any pending motions, close the case,
and enter judgment accordingly.
3. The Clerk shall also send Plaintiff a civil rights complaint form, a 28 U.S.C. §
2254 habeas form, an affidavit of indigency form, and a prisoner consent form and
financial certificate. If Plaintiff chooses to pursue a civil rights action or habeas action, he
may complete and submit these forms. However, Plaintiff should not place the instant
case number on the forms as this case will be closed. The Clerk will assign a separate
case number in the event Plaintiff elects to pursue another action.
DONE and ORDERED in Fort Myers, Florida this 6th day of November, 2017.

Copies:
Jay Rancel
SA: FTMP-2

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