Karwel v. City of Palm Bay et al
ORDER denying without prejudice 2 Motion for Leave to Proceed in forma pauperis; adopting 5 Report and Recommendations.. Signed by Judge Roy B. Dalton, Jr. on 5/6/2015. (VMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
SANDRA KANE KARWEL,
Case No. 6:15-cv-597-Orl-37KRS
CITY OF PALM BAY; JOSEPH POTEAT; SHERRY
POTEAT; BOB WILLIAMS; LEE FELDMAN; SUSAN HANN;
ANDREW LANNON; WILLIAM CAPOTE; PALM BAY
POLICE DEPARTMENT; DOUGLAS MULDOON; NEIL
VALENTI; YVONNE MARTINEZ; RICKY WORONKA;
CHRISTOPHER RICHARDS; STEVE SHYTLE; SHANE M.
CARROLL; MICHAEL BANDISH; CAROL VAZQUEZ;
ROBERT VICKERS; ROBERT RAMA; STEVE HILL; SEAN
MERTENS; EDWIN LUTZ; TROY RAMIREZ; MARK
PALM BAY CODE
ENFORCEMENT; ANGELICA MARTINEZ; JOHN DEVIVO;
VAL CARTER; PALM BAY UTILITIES DEPARTMENT;
SUZANNE SHERMAN; RE SUPPORT SERVICES;
TRASSA GEACH; BREVARD TAX COLLECTOR; LISA
CULLEN; BREVARD PROPERTY APPRAISER; DANA
BLICKLEY; BREVARD CLERK OF COURT; SCOTT ELLIS;
STATE ATTORNEY OF BREVARD COUNTY; PHIL
ARCHER; TYLER CHASEZ; MELISSA PEAT; MICHAEL J.
CANNON; WILL SCHEINER; JULIA A. LYNCH; SEAN M.
SENRA; JASON A. HICKS; PAUL WIGHT; PALM BAY
HOSPITAL INC.; DAVID MATHIAS; SPACE COAST
CREDIT UNION; DOUGLAS R. SAMUELS; BANK OF
AMERICA, GENERAL COUNSEL; PSYCHOLOGICAL
ASSOCIATES OF MELBOURNE; WENDE J. ANDERSON;
ELISABETH BEASLEY; ADVANCED TOWING; LAW
OFFICE OF FRESE, HANSEN, ANDERSON, ANDERSON,
HEUSTON AND WHITEHEAD; GREG HANSEN; GARY
FRESE; WESH 2, GENERAL COUNSEL; WFTV 9,
GENERAL COUNSEL; NEW 13, GENERAL COUNSEL;
FLORIDA TODAY NEWSPAPER, GENERAL COUNSEL;
BESS, BLOUGOURAS, JONES, AND FREYBERG, P.A.;
CAROL BESS; ROSE MARIE JUDISINGH; JANE DOE;
JOHN DOE; and CINDY,
Today, the Court is called upon to evaluate the legal sufficiency of the Plaintiff’s
pro se Complaint (Doc. 1) in the context of a “Reply to Report and Recommendation”
(Doc. 8), which the Court construes as a Rule 72(a) objection to Magistrate Judge
Spaulding’s Report and Recommendation (“R&R”) that the pleading be stricken (Doc. 5).
Unfortunately for Plaintiff, typing her objections in all caps or in bold font
(see Doc. 8) does little to address the pleading deficiencies so glaringly apparent in her
Complaint (see Doc. 1). Shouting does not alter the legal landscape. At bottom, rather
than reviewing the R&R’s cited legal authorities and accepting its well-intentioned
explanation of her pleading’s inadequacies, or rather than providing any legal authority in
opposition to the R&R, Plaintiff simply expresses her contrary view. (See Doc. 8.)
Plaintiff’s Complaint is deficient for the reasons addressed in the R&R.
(See Doc. 5.) Accordingly, it is HEREBY ORDERED AND ADJUDGED:
Magistrate Judge Spaulding’s Report and Recommendation (Doc. 5) is
ADOPTED and CONFIRMED and made a part of this Order.
Plaintiff’s Application to Proceed in District Court Without Prepaying Fees
or Costs (Doc. 2) is DENIED WITHOUT PREJUDICE.
The Clerk is DIRECTED to STRIKE Plaintiff’s Complaint (Doc. 1) from the
On or before Friday, May 22, 2015, Plaintiff may file: (1) an amended
complaint that resolves the deficiencies addressed in the R&R; and (2) an
amended application to proceed without prepayment of costs or fees.
Failure to timely file either of those documents may result in dismissal of
this action without further notice. The Court encourages Plaintiff to visit the
Middle District of Florida’s website for helpful advice on proceeding without
a lawyer, 1 bearing in mind that pro se litigants remain “subject to the
relevant law and rules of court, including the Federal Rules of Civil
Procedure.” Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989).
DONE AND ORDERED in Chambers in Orlando, Florida, on May 6, 2015.
Counsel of Record
Pro Se Party
The Court’s online pro se portal is available at:
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