Smith v. Brevard County Jail
Filing
2
ORDER dismissing case without prejudice. The Clerk of the Court is directed to close this case and to enter judgment dismissing this case without prejudice. Signed by Judge Roy B. Dalton, Jr. on 8/8/2013. (AJM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
RICHARD JEROME SMITH,
Plaintiff,
v.
CASE NO. 6:13-cv-1196-Orl-37KRS
BREVARD COUNTY JAIL,
Defendant.
/
ORDER
Plaintiff, a prisoner incarcerated at the Brevard County Jail and proceeding pro
se, filed a complaint on August 7, 2013 (Doc. No. 1). Plaintiff filed what purports to be a
civil rights complaint, but he failed to either pay the required $350 filing fee or submit a
motion for leave to proceed in forma pauperis. Additionally, the complaint is not written
on the form required for use by pro se litigants.
As currently written, the complaint, which is written as a letter, fails to contain
much of the information required in a civil rights complaint.
For example, the
allegations are vague and conclusory, the defendants in this case are not properly
identified, and the historical information concerning Plaintiff's prior federal cases has
not been provided.
If Plaintiff chooses to file a civil rights complaint in this Court to address any
alleged constitutional violations, he must submit a fully completed civil rights
complaint form, and he must submit a copy of the form for each Defendant for service
of process. If Plaintiff desires to proceed in forma pauperis in this Court, he must
submit a fully completed affidavit of indigency. The Clerk's Office shall send to Plaintiff
both the form for a civil rights complaint and the form for a motion for leave to proceed
in forma pauperis. Plaintiff should not place this case number on the form, as the Clerk
of the Court will assign a separate case number.
This case will be dismissed without prejudice to give Plaintiff the opportunity to
properly file a civil rights complaint and to either pay the appropriate filing fee or
submit an affidavit of indigency to the Court.
Accordingly, it is now ORDERED AND ADJUDGED that this case is hereby
DISMISSED without prejudice. The Clerk of the Court is directed to close this case
and to enter judgment dismissing this case without prejudice.
DONE AND ORDERED in Chambers in Orlando, Florida, this 8th day of
August, 2013.
Copies to:
2
OrlP-2 8/8
Richard Jerome Smith
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?