Vividor v. Unnamed Defendant

Filing 4

OPINION AND ORDER dismissing without prejudice re: 1 Complaint. The Clerk of the Court shall terminate any pending motions, enter judgment accordingly, and close the file. Because the Plaintiff complains that he is being fed improper food th e Clerk of the Court is instructed to transmit a copy of the Complaint (Doc. # 1 ) to the warden of the institute at which Plaintiff is confined. 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. Signed by Judge Sheri Polster Chappell on 1/17/2018. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JUAN CARLOS QUIZAR VIVIDOR,
Plaintiff,
v.

Case No: 2:18-cv-26-FtM-38CM

UNNAMED DEFENDANT,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on review of the Plaintiff's Handwritten Letter
Complaint (Doc. #1) filed on January 12, 2018. Plaintiff is currently incarcerated at Butner
Federal Medical Facility in Butner, North Carolina. Plaintiff failed to use the civil rights
complaint form or habeas corpus form required for use by pro se litigants to present their
cases.
Upon review of the pleading it is unclear what relief is sought. 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 habeas petition. 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). For example, Plaintiff appears to allege that he

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is being mistreated and fed poison food by prison authorities. Plaintiff states that he is in
the United States illegally and wants his life back. Plaintiff further claims that he was
“Descobered” starting in Mexico in 2013, and is being housed by the BOP for a case that
started in San Diego, California. No defendants have been named and no constitutional
or civil rights violations have been alleged in Plaintiff’s Complaint.
Furthermore, Plaintiff has failed to either pay the required filing fee or submit a
motion for leave to proceed in forma pauperis. 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 and to either pay the filing fee or submit an affidavit of
indigency to the Court.
Accordingly, it is now
ORDERED:
(1) Plaintiff's Handwritten Letter Complaint (Doc. #1) is DISMISSED without
prejudice.
(2) The Clerk of the Court shall terminate any pending motions, enter judgment
accordingly, and close the file.
(3) Because the Plaintiff complains that he is being fed improper food the Clerk of
the Court is instructed to transmit a copy of the Complaint (Doc. #1) to the
warden of the institute at which Plaintiff is confined.
(4) 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

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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 17th day of January, 2018.

Copies:
Juan Carlos Quizar Vivdor
SA: FTMP-2

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