Invictus v. State of Florida et al

Filing 29

ORDER granting 25 Defendants' unopposed Motion for More Definite Statement: Plaintiff shall file an Amended Complaint within twenty days addressing the issues discussed in the Order. Signed by Magistrate Judge Philip R. Lammens on 6/7/2021. (AR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION AUGUSTUS INVICTUS, Plaintiff, v. Case No: 5:21-cv-103-PGB-PRL NINTH JUDICIAL CIRCUIT and FAMILY TIES, Defendants. ORDER In this case, Plaintiff takes issue with court-ordered visitation with his children through the Family Ties program. Plaintiff alleges that his visitation has been limited to a once per week 15-minute video call and that in person visitation has been suspended due to COVID19. Plaintiff alleges that his visitation was restricted by an unspecified order entered by Chief Administrative Judge Donald Myers, which was based on guidelines from the Florida Supreme Court. Plaintiff alleges that Defendants’ refusal to allow in person visitation with his children violates his rights under the Fifth and Fourteenth Amendments, as well as the Florida Constitution. Now, Defendants have filed an unopposed motion for more definite statement asking Plaintiff to clarify the nature of his claim. (Doc. 25). Specifically, Defendants ask Plaintiff to: (1) identify what Administrative Order is at issue; (2) clarify if he is bringing a Fifth Amendment or Fourteenth Amendment due process challenge to the Administrative Order at issue; and (3) clarify whether his due process claim is a substantive or procedural due process claim. The parties have agreed to Plaintiff filing an Amended Complaint within twenty days addressing these issues. Accordingly, and based on the parties’ agreement, Defendants’ motion for more definite statement (Doc. 25) is GRANTED. Plaintiff shall file an Amended Complaint within twenty days of this Order addressing the issues identified above. DONE and ORDERED in Ocala, Florida on June 7, 2021. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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